PC 09-10-2024 Minutes
APPROVED MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, September 10, 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 Muni Madhdhipatla,
Tejesh Mistry and Steven Scharf. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approve the June 11, 2024 Planning Commission minutes
Recommended Action: Approve the June 11, 2024 Planning Commission minutes
MOTION: Scharf moved and Mistry seconded to approve the June 11, 2024 Planning
Commission minutes.
The motion carried with the following vote: Ayes: Lindskog, Madhdhipatla, Mistry and Scharf.
Noes: None. Abstain: Fung. Absent: None.
POSTPONEMENTS - None
ORAL COMMUNICATIONS
Jennifer Griffin discussed concerns regarding the proposal to eliminate a lane on NB De Anza
Blvd near Apple Infinite Loop Campus onto I-280.
San R asked to agendize a future agenda item to study the Palo Alto Planning and
Transportation Commission and commented about the builder’s remedy project at Vista
Heights, urging the Planning Commission to deny the project.
CONSENT CALENDAR- None
PUBLIC HEARINGS
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)
Planning Commission Minutes September 10, 2024
Page 2
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.
Luke Connolly, Assistant Director of Community Development introduced the item and
Senior Planner, Gian Martire gave a presentation.
Commissioners disclosed ex-parte communications prior to deliberation on this matter.
Applicant Yoshihide Murata, on behalf of Kiddleton, gave a presentation
Commissioners asked clarifying questions and made comments.
Chair Fung opened the public hearing and the following people spoke:
• Jennifer Griffin
• San R
Staff answered questions.
MOTION: Mistry moved and Lindskog seconded 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.
The motion carried with the following vote: Ayes: Fung, Lindskog, and Mistry. Noes:
Madhdhipatla and Scharf. Abstain: None. Absent: None.
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.
Senior Planner, Gian Martire introduced the item and gave a presentation.
Planning Commission Minutes September 10, 2024
Page 3
Commissioners asked clarifying questions and made comments.
Chair Fung opened the public hearing and the following people spoke:
• Jennifer Griffin
• Rhoda Fry
• San R
Staff answered questions.
MOTION: Lindskog moved and Mistry seconded to:
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 pursuant to the Staff recommendation:
a. Chapter 19.04, General Provisions, and
b. Chapter 19.08, Definitions, and
c. Chapter 19.60, General Commercial (CG) Zones.
With the following modifications:
1. Amend the proposed definition of “Farmer’s Market” to match the City of Palo
Alto’s Definition;
2. Permit outdoor seating with no limitation of 20% of authorized indoor seats, as long
as the business meets the parking requirements per Municipal Code requirements;
3. Permit entertainment uses within restaurants instead of requiring a conditional use
permit; and
4. Retain “convenience stores” as a “Use Permit - Planning Commission”
The motion carried with the following vote: Ayes: Fung, Lindskog, and Mistry. Noes:
Madhdhipatla and Scharf. Abstain: None. Absent: None.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Luke Connolly, Assistant Director of Community Development announced a survey that the
Commission received regarding potential questions for future commissioners.
FUTURE AGENDA SETTING
None
Planning Commission Minutes September 10, 2024
Page 4
ADJOURNMENT
At 8:41 p.m., Chair Fung adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
_______________________________
Lauren Sapudar, Deputy City Clerk