PC 03-12-2024 Minutes (Final)
APPROVED MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, March 12, 2024
At 6:45 p.m. Chair David Fung 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 David Fung, Vice Chair Seema Lindskog, and Commissioners Tejesh Mistry and
Steven Scharf. Absent: Commissioner Muni Madhdhipatla.
APPROVAL OF MINUTES
1. Subject: Approve the February 27 Planning Commission minutes.
Recommended Action: Approve the February 27 Planning Commission minutes.
MOTION: Lindskog moved and Mistry seconded to approve the February 27 Planning
Commission minutes. The motion carried with the following vote: Ayes: Fung, Lindskog,
Mistry and Scharf. Noes: None. Abstain: None. Absent: Madhdhipatla.
POSTPONEMENTS - None
ORAL COMMUNICATIONS - None
CONSENT CALENDAR - None
PUBLIC HEARINGS
2. Subject: Amendment to a Development Agreement (DA-2017-01) for the Cupertino
Village Boutique Hotel and associated environmental review. (Application No(s): DA-
2023-002; Applicant(s): KIMCO (Sunil Plaha); Location: 10801 N. Wolfe Rd., APN: 316 45
017)
Recommended Action: Staff recommends that the Planning Commission adopt the draft
resolution (Attachment 1) recommending that the City Council:
Planning Commission March 12, 2024 Minutes
Page 2
1. Find the amendment to the existing development agreement consistent with the
project's Mitigated Negative Declaration (State Clearinghouse No. 2018112025) and
2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-002).
Commissioners discussed site visits and ex-parte communications.
Planning Manager Piu Ghosh introduced the item and Senior Planner Gian Martire gave
a presentation.
Michael Strahs, Kimco Realty, representing applicant Sunil Plaha, Cupertino Village LP,
gave a presentation.
Commissioners asked clarifying questions and made comments.
Staff and Michael Strahs answered questions.
Chair Fung opened the public hearing and the following people spoke.
Jennifer Griffin
Connie Cunningham
Lisa
Chair Fung closed the public hearing.
Commissioners asked questions and made comments.
Staff and Michael Strahs answered questions.
MOTION: Lindskog moved and Mistry seconded to recommend that the City Council:
1. Find the amendment to the existing development agreement consistent with the
project's Mitigated Negative Declaration (State Clearinghouse No. 2018112025) and
2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-002)
with the additional modification that the project comply with Chapter 19.102, Glass
and Lighting Standards (Bird safe and Dark Sky ordinance).
The motion carried with the following vote: Ayes: Fung, Lindskog, Mistry and Scharf. Noes:
None. Abstain: None. Absent: Madhdhipatla.
3. Subject: Amendment to a Development Agreement (DA-2018-01) for the De Anza Hotel
Project and associated environmental review. (Application No(s): DA-2023-003;
Applicant(s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.;
APN: 326-10-061)
Planning Commission March 12, 2024 Minutes
Page 3
Recommended Action: Staff recommends that the Planning Commission, in accordance
with draft resolution, recommend that the City Council:
1. Find the amendment to the existing development agreement consistent with the
project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010) and
2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003).
Commissioners discussed site visits and ex-parte communications.
Planning Manager Piu Ghosh introduced the item and Senior Planner Gian Martire gave
a presentation.
Commissioners asked clarifying questions.
Claudio Bono, Cupertino Hotel Group, spoke on behalf of applicant John T. Vidovich,.
Commissioners asked questions and made comments.
Staff and Claudio Bono answered questions.
Chair Fung opened the public hearing and the following people spoke.
Jennifer Griffin
Connie Cunningham
Lisa
Chair Fung closed the public hearing.
Commissioners asked questions and made comments.
Staff and Claudio Bono answered questions.
MOTION: Lindskog moved and Mistry seconded to recommend that the City Council:
1. Find the amendment to the existing development agreement consistent with the
project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010) and
2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003).
with the modification that the project comply with Chapter 19.102, Glass and Lighting
Standards (Bird Safe and Dark Sky ordinance).
The motion carried with the following vote: Ayes: Fung, Lindskog, Mistry and Scharf. Noes:
None. Abstain: None. Absent: Madhdhipatla.
OLD BUSINESS - None
Planning Commission March 12, 2024 Minutes
Page 4
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Staff requested a representative from the Commission to attend the 4/3/2024 City Council
meeting to represent the Commission’s position on their recommendations. Chair Fung stated
he would attend.
FUTURE AGENDA SETTING - None
ADJOURNMENT
At 7:59 p.m., Chair Fung adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
___/s/ Jon P. de Ridder________________
Jon P. de Ridder, Administrative Assistant