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PC 10-08-2024 AgendaTuesday, October 8, 2024 6:45 PM CITY OF CUPERTINO 10350 Torre Avenue, Council Chamber and via Teleconference Planning Commission DAVID FUNG, CHAIR SEEMA LINDSKOG , VICE CHAIR MUNI MADHDHIPATLA, COMMISSION MEMBER TEJESH MISTRY, COMMISSION MEMBER STEVEN SCHARF, COMMISSION MEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 | www.cupertino.gov AGENDA Planning Commission Agenda October 8, 2024 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, October 8 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 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: Page 2 Planning Commission Agenda October 8, 2024 Online: Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_iirlxX_VQvajrDG37DH-qg Phone Dial: 669-900-6833 and enter WEBINAR ID: 934 5241 5784 (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: 934 5241 5784 SIP: 93452415784@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. 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 . Page 3 Planning Commission Agenda October 8, 2024 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approve the September 10, 2024 Planning Commission minutes Recommended Action: Approve the September 10, 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: Sign Exception Permit to consider a ground sign with LED lighting, and four wall signs where only one is allowed, at an existing service station and associated environmental review. (Application No(s): EXC-2024-002; Applicant(s): Ed Hadad; Location: 19990 Stevens Creek Boulevard; APN: 369 05 007) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment A): 1.Approving the Sign Exception application (EXC-2024-002); and 2.Finding the project exempt from CEQA. Staff Report 1 – Draft Resolution for EXC-2024-002 2 – Plan Set OLD BUSINESS - None Page 4 Planning Commission Agenda October 8, 2024 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 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. Page 5 Planning Commission Agenda October 8, 2024 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 6 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 NEWS AND NOTICES FROM CITY HALL EMAIL Sign up for e‐notification of agendas, elections, and other news on the city website at www.cupertino.org/notify TELEVISION The City Channel  broadcasts City Council and Planning Commission meetings , as well as agenda previews, public  service announcements, and other programs of community interest, on Channel 26 in Cupertino.   The meetings  are shown at these times: Tuesday    (live) 6:45 p.m. Friday (replay) 10:00 a.m. Thursday  (replay)      7:00 p.m. Saturday   (replay)    9:00 a.m. INTERNET City Council and Planning Commission videos are available on demand at www.cupertino.org.   Select  "I Want  To, View City Council meetings".   News and community information can also be found at: https://www.facebook.com/cityofcupertino/ https://twitter.com/CityofCupertino https://www.instagram.com/cityofcupertino AUDIO Tune into  Radio Cupertino, 1670 AM, for  meeting announcements, public service messages,and emergency  announcements. 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