PC 09-13-2011 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO PLANNING COMMISSION
APPROVED MINUTES
6:45 P.M. September 13, 2011 TUESDAY
CUPERTINO COMMUNITY HALL
The regular Planning Commission meeting of September 13, 2011 was called to order at 6:45 p.m.
in the Cupertino Community Hall, 10350 Torre Avenue, Cupertino, CA., by Chairperson Winnie
Lee.
SALUTE TO THE FLAG
ROLL CALL
Commissioners present: Chairperson: Winnie Lee
Vice Chairperson: Marty Miller
Commissioner: Paul Brophy
Commissioner: Clinton Brownley
Commissioner: Don Sun
Staff present: Senior Planner: Aki Honda Snelling
APPROVAL OF MINUTES:
1. Minutes of August 9, 2011 Planning Commission meeting:
MOTION: Motion by Com. Brownley, second by Com. Brophy, and unanimously carried
5 -0 -0 to approve the August 9, 2011 Planning Commission minutes as
presented.
WRITTEN COMMUNICATIONS: None
POSTPONEMENTS/REMOVAL FROM CALENDAR:
3. U- 2011 -01, GPA- 2011 -01, Conditional Use Permit to allow church uses in two
EXC- 2011 -01, Z- 2011 -01, buildings: General Plan Land Use Map Amendment to
MCA - 2011 -01 (EA- 2011 -02) change the land use designation from "Quasi- Public/
Kevin Chiang (Home of Institutional" to " Industrial /Residential/Commercial
Christ Church) 10340 Bubb Rd.; Parking Exception for shared parking
10340 & 10420 Bubb Rd. between 10340 and 10420 Bubb Rd.; Re -Zone approx.
1.8 acres from BQ (Quasi - Public building) to ML -rc
(West Valley Light Industrial) located at 10340 Bubb Rd.
Municipal Code Amendment to codify and update the
West Valley Industrial Park Zoning regulations into the ML (Light Industrial)
Zoning Ordinance. Request postponement to the Planning Commission meeting of
September 27, 2011; Tentative City Council date: October 18, 2011
Cupertino Planning Commission 2 September 13, 2011
Motion: Motion by Com. Brophy, second by Vice Chair Miller, and unanimously carried
5 -0 -0, to postpone Application U- 2011 -01, GPA- 2011 -01, EXC- 2011 -01, MCA -
2011-01 (EA- 2011 -02) and Z- 2011 -01 to the September 27, 2011 Planning
Commission Meeting.
ORAL COMMUNICATIONS:
Jennifer Griffin, Rancho Rinconada resident:
• Said she was concerned that in her opinion the Heart of the City was not being upheld by the
city; it was reaffirmed last year, many public officials said after a long study with the public,
the Heart of the City should be retained; however, there have recently been exceptions granted.
• She said it appeared that the public's idea is they want to maintain the look and feel of Stevens
Creek Boulevard from the west end in Monta Vista, all the way down to the east end near
Rancho Rinconada and Tantau; which means 35 foot setbacks all the way along with a double
row of trees. She said if new precedents are set allowing deep exceptions, the result will be
that there will be no Heart of the City. She expressed hope that it would be maintained at the
Rancho end of town where there is already the trees along Vallco and Stevens Creek
Boulevard; but she was not certain what was happening in the central part of downtown
Cupertino. She said they need to ensure that the 35 foot setbacks remain as it is integral to
Cupertino and the public said that was what they wanted.
CONSENT CALENDAR: None
PUBLIC HEARING :
2. EXC- 2011 -09, EA- 2011 -09 Hillside Exception to allow an approx. 1,266 sq. ft.
Jonathan Fales (McCamish addition to an existing single family residence on a
Residence) prominent ridgeline. Planning Commission decision
22362 Regnart Rd final unless appealed
APN #366 -45 -014
Aki Honda Snelling, Senior Planner:
• Reviewed the application for residential hillside exception to allow a 1,266 square foot one -
story addition to an existing one -story, sing Le-family residents on a prominent ridgeline, as
well as a. request for an approval of the Mitigated Negative Declaration to address the
environmental review and mitigation measures for the project. The project meets the setback
requirements, will more than exceed the front, side and rear yard setback allowances and will
also meet the building height, grading quantity allowances and parking space requirements for
the project.
• She reviewed the proposed site plan, prominent ridgeline, tree removal and landscaping,
geological review, septic system, neighbor comments and Mitigation Negative Declaration as
detailed in the staff report.
• Staff recommends that the Planning Commission adopt the Mitigated Negative Declaration
and approve the residential hillside exception in accordance with the model resolution.
Jonathan Fales, Via Builders:
• Clarified that only a minimal amount of grading would be done on the project, just enough to
create a crawl space.
• Explained that in 2005 the property went through the same process and obtained permits, but
for a larger development. However, the clients at the time moved to Germany and because of
the decline of the economy, the project was never completed. The present project is a smaller
addition to the house.
Cupertino Planning Commission 3 September 13, 2011
Chair Lee opened the public hearing; as there was no one present who wished to speak, the public
hearing was closed.
Motion: Motion by Com. Brownley, second by Vice Chair Miller, and unanimously
carried 5 -0 -0 to approve Application EXC- 2011 -09, EA- 2011 -09.
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE PLANNING COMMISSION
ENVIRONMENTAL REVIEW COMMITTEE: The Mitigated Negative Declaration on the
Hillside Exception and the Home of Christ Church item were discussed at the meeting.
HOUSING COMMISSION: No report.
ECONOMIC DEVELOPMENT COMMITTEE: Com. Brophy reported:
• Real estate development has improved with office space vacancy rate down to 4 -1/2 %.
• Seagate has completed its relocation from Scotts Valley to DeAnza Boulevard, and is faced
with a shortage of parking; half of the employees are currently parking at Vallco and being
shuttled by bus to their offices. The City is working with Seagate on the issues.
• Lab 126, a subsidiary of Amazon.com, has occupied the space near City Hall and looking for
additional expansion space.
• There has been a significant increase in retail tenants in Cupertino; the Cypress Hotel is for
sale; McClellan Square is in the process of being sold to a new owner; Homestead Square is
adding a new Rite Aid store; Sobrato Organization is working on a number of large deals to
change the centers; Cupertino Village and Oaks expansion will request an extension soon.
• It was reported that the City would soon be losing the sales tax revenue from Hewlett Packard
at a loss to the city of $1 million per year; Urban Land Institute is conducting a seminar in the
Fall, Real Estate development 101; Apple has submitted new plans for their new campus.
MAYOR'S MONTHLY MEETING: No meeting.
ECONOMIC DEVELOPMENT COMMITTEE:
REPORT OF DIRECTOR OF COMMUNITY DEVELOPMENT:
• Reported that the scoping session held the previous week was held to prepare for the
environmental impact report for the Apple Campus 2; the event had 85 participants, the most
common topics included traffic, construction, and hazardous materials in the existing and new
facility; deadline for submission of any new input relating to the EIR scoping is September
19 The draft EIR is expected to be available in Spring of 2012. Information is available on
the website for the Apple Campus 2 www.cupertino.org/applecampus2
Adjournment: The meeting was adjourned to the next regular Planning Commission meeting
scheduled for ptember 27, 2011 at 6:45 p.m.
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Respectfully Submitted: I.�
Elizabeth I ., Recording Secretary
Approved as presented: September 27, 2011