PC 09-10-2024 Agenda1
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408)777-3308 │ www.cupertino.gov
AGENDA OF THE CUPERTINO
PLANNING COMMISSION
Tuesday, September 10, 2024
Televised Regular Meeting (6:45)
PLANNING COMMISSION
DAVID FUNG, CHAIR
SEEMA LINDSKOG, VICE CHAIR
MUNI MADHDHIPATLA, COMMISSIONER
TEJESH MISTRY, COMMISSIONER
STEVEN SCHARF, COMMISSIONER
CITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, September 10, 2024
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1)Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2)Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3)The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments .
2) E-mail comments by 5:00 p.m. on Tuesday, September 10 to the Commission at
planningcommission@cupertino .org. These e-mail comments will be received by the
commission members before the meeting and posted to the City’s website after the
meeting.
Members of the public may provide oral public comments in person during the meeting as
follows:
Comments may be made during “Oral Communications” for matters not on the agenda, and
during the public comment period for each agenda item. If you wish to provide oral
communications, please complete a speaker request card located in front of the
Commission and deliver it to staff prior to discussion of the item. When you are called,
proceed to the podium and the Chair will recognize you. Members of the public that wish
to share a document when providing oral comments may do so at the overhead projector at
the podium or email the document to planningcommission@cupertino .gov by 5:00p.m.
Documents received by email will be posted to the City website after the meeting. Please
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Planning Commission Agenda September 10, 2024
limit your comments to three (3) minutes or less.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online:
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_ToDbYX7TQjahvJEWPtE6Wg
Phone Dial: 669-900-6833 and enter WEBINAR ID: 997 1866 6491 (Type *9 to raise hand to
speak, *6 to unmute yourself). Unregistered participants will be called on by the last four
digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 997 1866 6491
SIP: 99718666491@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand,” or, if
you are calling in, press *9. Speakers will be notified shortly before their turn to speak.
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Planning Commission Agenda September 10, 2024
4. When speaking, please limit your remarks to three (3) minutes or less and the specific
agenda topic.
5. Members of the public that wish to share a document when providing oral comments by
teleconference must email the document to planningcommission@cupertino .gov by 5:00
p.m. These documents will be posted to the City website after the meeting .
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the June 11, 2024 Planning Commission minutes
Recommended Action: Approve the June 11, 2024 Planning Commission minutes
1- Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
CONSENT CALENDAR- None
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino .org. Plans
will also be made available digitally during the hearing to consider the proposal.
2.Subject: Conditional Use Permit to allow an arcade use in a 1,955 square foot unit
within the Marketplace Shopping Center and associated environmental review .
(Application No(s).: U-2024-001; Applicant(s): Kiddleton, Inc.; Location: 19720 Stevens
Creek Boulevard; APN(s): 369-06-012)
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Planning Commission Agenda September 10, 2024
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to approve the Use Permit (U-2024-001), which also finds the
project exempt from CEQA.
Staff Report
1 – Draft Resolution for U-2024-001
2 – Business Plan
3 – Layout Plan
4 – Public Comment
3.Subject: Proposed amendments to Municipal Code Chapters 19.04 (General
Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones).
(Application No. MCA-2024-002; Applicant: City of Cupertino; Location: City-wide)
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 19.04, General Provisions, and
b.Chapter 19.08, Definitions, and
c.Chapter 19.60, General Commercial (CG) Zones.
Staff Report
1. Draft Resolution
OLD BUSINESS - None
NEW BUSINESS- None
STAFF AND COMMISSION REPORTS
This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the
Commission and for Commissioners to report on any Commission related activities they have taken part
in since the prior regularly scheduled meeting.
FUTURE AGENDA SETTING
This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future
agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be
brief and without discussion by the Commission.
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
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Planning Commission Agenda September 10, 2024
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request in advance by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in
Planning packet archives linked from the agenda/minutes page on the City web site .
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100, written communications sent to the City Council, Commissioners or staff concerning a
matter on the agenda are included as supplemental material to the agendized item. These written
communications are accessible to the public through the City website and kept in packet archives. Do
not include any personal or private information in written communications to the City that you do not
wish to make public, as written communications are considered public records and will be made
publicly available on the City website.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
Page 5
CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in-person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Chair introduces
agenda item
Commissioners report any site
visits or outside communications.
Speakers submit a Request to Speak
card, and are allowed up to 3
minutes per individual.
Commissioners may ask questions of
speakers.
Chair invites members of
the public to speak about
the agenda item
For appeals of approvals, the
applicant may respond to
appellants presentation.
The Chair may request a motion and
a second after the close of the public
hearing. Commission then
deliberates and votes.
Chair closes the public hearing
Commissioners ask clarifying
questions.
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (SB 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
In the event an action taken by the
Planning Commission is deemed
objectionable, the matter may be officially
appealed to the City Council in writing
within fourteen (14) days of the date of the
Commission’s decision. Said appeal is filed
with the City Clerk (CMC Section
19.12.170). Contact the City Clerk’s office
for more information or go to
www.cupertino.org/cityclerk for an appeal
form.
Chair invites
applicant/appellant
to respond to public
comments (2 min)
Commission votes
on the agenda item
Staff reports and makes
recommendation
Applicant or Appellant
makes presentation
(up to 8 min)
Commissioners ask
questions of staff or
applicant/appellant
Chair opens the public hearing
COMMUNICATING WITH COMMISSION
(408)777‐3308
All Commissioners:
David Fung
Seema Lindskog
Muni Madhdhipatla
Tejesh Mistry
Steven Scharf
Planning Division
City Hall
PlanningCommission@cupertino.gov
DFung@cupertino.gov
SLindskog@cupertino.gov
MMadhdhipatla@cupertino.gov
TMistry@cupertino.gov
SScharf@cupertino.gov
Planning@cupertino.gov
www.cupertino.gov (408) 777‐CITY
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