PC 12-12-2023 Minutes (Final)
APPROVED MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, December 12, 2023
At 6:45 p.m. Chair Steven Scharf called the Regular Planning Commission meeting to order and
led the Pledge of Allegiance 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
and Seema Lindskog. Absent: Commissioner Tejesh Mistry. Vice Chair Muni Madhdhipatla
attended via teleconference.
MOTION: Scharf moved and Lindskog seconded to approve Madhdhipatla’s request to
participate in tonight’s meeting remotely. The motion carried with the following vote: Ayes:
Scharf, Fung, and Lindskog. Noes: None. Abstain: Madhdhipatla. Absent: Mistry.
APPROVAL OF MINUTES
1. Subject: Approve the November 14 Planning Commission minutes.
Recommended Action: Approve the November 14 Planning Commission minutes.
MOTION: Scharf moved and Fung seconded to approve the November 14 Planning
Commission minutes. The motion carried with the following vote: Ayes: Scharf,
Madhdhipatla, Fung, and Lindskog. Noes: None. Abstain: None. Absent: Mistry.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Peggy Griffin expressed concern regarding lack of public discussion on the housing element.
San R discussed a recent Municipal Code Amendment for 23 Public Facilities (BA) zoned
properties and lack of housing element discussions.
WRITTEN COMMUNICATIONS - None
Planning Commission December 12, 2023 Minutes
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CONSENT CALENDAR - None
PUBLIC HEARINGS
2. Subject: Application to consider the construction of a seven-unit townhome development
and associated environmental review. The application includes demolition of an existing
four-plex, subdivision for condominium purposes only, architectural review, and
associated tree removal. (Application No(s): DP-2023-001, ASA-2023-002, TM-2023-001
& TR-2023-008; Applicant(s): Leon Hu of Top Mission Realty & Investment, Inc.;
Location: 10046 Bianchi Way, APN: 359-07-021.) Recommended Action: Staff
recommends that the Planning Commission adopt the draft resolutions recommending
that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA) and
2. Approve the following permits:
a. Development Permit (DP-2023-001) (Attachment 1);
b. Architectural & Site Approval Permit (ASA-2023-002) (Attachment 2);
c. Tentative Final Map (TM-2023-001) (Attachment 3); and
d. Tree Removal Permit (TR-2023-008) (Attachment 4).
Written Communications for this item included staff and applicant presentations and an
email to the Commission.
Planning Manager Piu Ghosh introduced the item and Associate Planner Danielle Condit
gave a presentation.
Michael Wilson, on behalf of applicant Leon Hu, gave a presentation.
Chair Scharf opened the public hearing and the following people spoke.
Lynne Carlton
San R
Chair Scharf closed the public hearing.
Commissioners discussed site visits and ex-parte communications.
Commissioners asked questions and made comments.
Staff and Michael Wilson and Larry Wang, representing Leon Hu of Top Mission Realty &
Investment, Inc. answered questions.
1. MOTION: Fung moved and Lindskog seconded to approve the Development Permit
Planning Commission December 12, 2023 Minutes
Page 3
(DP-2023-001). The motion carried with the following vote: Ayes: Scharf, Fung and
Lindskog. Noes: Madhdhipatla. Abstain: None. Absent: Mistry.
2. MOTION: Fung moved and Lindskog seconded to approve the:
• Architectural & Site Approval Permit (ASA-2023-002);
• Tentative Final Map (TM-2023-001); and
• Tree Removal Permit (TR-2023-008).
The motion carried with the following vote: Ayes: Scharf, Fung and Lindskog. Noes:
Madhdhipatla. Abstain: None. Absent: Mistry.
3. Subject: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an
existing retail building (Application No(s): EXC-2022-004; Applicant(s): Kevin Tallman,
Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044)
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment A):
1. Finding the project exempt from CEQA; and
2. Approving a Sign Exception (EXC-2022-004) to allow a total of two wall signs.
Written Communications for this item included staff and applicant presentations.
Planning Manager Piu Ghosh introduced the item and Senior Planner Gian Martire gave
a presentation.
Dani Calkins, on behalf of applicant Shane Co, gave a presentation.
Chair Scharf opened the public hearing and the following people spoke.
San R
Chair Scharf closed the public hearing.
Commissioners discussed site visits and ex-parte communications.
Commissioners asked questions and made comments.
MOTION: Scharf moved and Madhdhipatla seconded to approve the Sign Exception
(EXC-2022-004) with the following modification:
- To allow one unlighted wall sign as a sign exception on the east facade at location 2.
The motion as modified carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung
and Lindskog. Noes: None. Abstain: None. Absent: Mistry.
Planning Commission December 12, 2023 Minutes
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OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Staff informed the Commission about receiving a modification application for the Rise
development pursuant to state law.
FUTURE AGENDA SETTING
Commissioners made comments and discussed requests for a future agenda item on the
Housing Element.
ADJOURNMENT
At 8:18p.m., Chair Scharf adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
______/s/Lauren Sapudar_________________________
Lauren Sapudar, Deputy City Clerk