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PC 09-04-2018CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 PLEDGE OF ALLEGIANCE CITY OF CUPERTINO PLANNING COMMISSION MEETING APPROVED MINUTES, September 4, 2018 At 5:30p.m Chairperson Paulsen called to order the special Planning Commission meeting in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and led the Pledge of Allegiance. ROLL CALL Present: Chairperson Geoff Paulsen, Vice Chairperson Takahashi and Commissioners David Fung, Don Sun, and Jerry Liu. Absent: None APPROVAL OF MINUTES 1. Subject: Draft Minutes of August 14, 2018. Recommended Action: Approve or modify the Draft Minutes of August 14, 2018 Moved by Fung and seconded by Liu to approve the minutes as written. The motion carried 5-0-0. POSTPONEMENTS/REMOVAL FROM CALENDAR: None ORAL COMMUNICATIONS: Rhoda Fry -annexation of Lehigh Cement Plant Kelly Richards -Item #2 Phyllis Dickstein -item #2 Jennifer Griffin-new hotel construction at Stern and Stevens Creek Cathy Helgerson -pollution from Lehigh Cement Plant Ken Lee -car pollution, housing density Ignatius Ding -item #2 WRITTEN COMMUNICATIONS: Communications and emails were received regarding Item #2 CONSENT CALENDAR: None PUBLIC HEARINGS: 2. Subject: Consider adoption of the Vallco Town Center Specific Plan and associated amendments to the General Plan, Zoning Map, Municipal Code, to modify development standards, including heights, density, and residential, commercial, office, and hotel development allocations within the Valko Town Center Special Area and related actions for environmental review to consider the effects of the project; and consideration of a Development Agreement with Vallco Property Owner, LLC for the property located at 10101 to 10333 N Wolfe Road in the City of Cupertino. Application No(s): GPA-2018-02, Z-2018-01, SPA-2017-01, MCA-2018-01, DA-2015-02 (EA-2017-05; Applicant(s): City of Cupertino (Specific Plan, General Plan Amendments, Zoning, Municipal Code Amendments and Environmental Review) and Vallco Property Owner, LLC (Development Agreement); Location: 10101 to 10333 N Wolfe Road APN# 316-20-080, 316-20-081, 316-20-103, 316-20-107, 316-20-101, 316-20-105, 316-20-106, 316-20-104, 316-20- 088, 316-20-092, 316-20-094, 316-20-099, 316-20-100, 316-20-095) Recommended Action: That the Planning Commission adopt the draft resolutions to recommend that the City Council: 1. Certify the Final Environmental Impact Report (FEIR), adopt CEQA findings, a statement of overriding considerations and a Mitigation Monitoring and Reporting Program; 2. Adopt the General Plan amendments required to implement the Specific Plan; 3. Adopt the proposed Valko Town Center Specific Plan, and associated clarifying/supplemental language; 4. Adopt Municipal Code text amendments; 5. Adopt Zoning Map amendments; and 6. Approve proposed Development Agreement between the City and Vallco Property Owner, LLC Senior Planner, Catarina Kidd and Principal Planner Piu Ghosh reviewed the Staff Report and answered questions from the Commissioners. Representatives from the project consulting teams: Judy Shanley, David J Powers; Dan Parolek, Opticos Design; Franziska Church, Fehr & Peers; and Gerald Ramiza, Burke, Williams & Sorenson, reviewed the project and answered questions from the Commissioners. Reed Moulds, Managing Director, Sand Hill Property Company, read a statement on behalf of the ownership of the Vallco Mall property to the Commissioners. Chair Paulsen opened the public comment period and the following individual(s) spoke: John Muskivitch Cathy Helgerson Dale Jenkins Greg Schaffer Jennifer Griffin Jean Cohen, UA Local 393 Donna Austin Jan Stokley, Housing Choices Richard Schuster, Housing Choices Mike Dobrota, Costco David Meyer, Silicon Valley at Home Sujatha Venkatraman, West Valley Community Services Jennifer Shearin Neil Struthers Bob Stromberg, Destination: Home Kinjal Buch Sundari Suresh K Suresh J.R. Fruen Eddie Truong, The Silicon Valley Organization Jean Bedord Suzanne Sclar Sophia Badillo Andrew Walters, Chamber of Commerce Robert Brown Al DiFrancesco Hannah Follweiler Pam Hershey Lisa Warren Kitty Moore Jeonghee Yi Winston Shiah Kelsey Banes Tessa Parish Danessa Techmanski Chair Paulsen closed the public comment period Moved by Com. Fung, second by Com. Sun, and carried 5-0-0 to approve Application No.(s) EA-2017-05 per the Draft Resolution. Moved by Com. Fung, second by Com. Sun, and carried 4-1-0 (Liu voting no) to approve Application No.(s) GPA-2018-02 with revisions to the Draft Resolution: Make corrections to Table LU-1, Citywide allocations totals; Create "Tier 1.5" with Tier 2 housing, less office and reduced community benefits with the priority: 1) CUSD, 2) FUHSD, 3) 20% BMR including 40 ELI, 4) Traffic contribution, 5) City Hall, 6) PAC; Amend strategy LU-19.1.2 to allow a mix of rental, ownership and affordable housing Moved by Com. Fung, second by Chair Paulsen, and carried 5-0-0 to approve Application No.(s) Z-2018-01 per the Draft Resolution. Moved by Com. Fung, second by Vice Chair Takahashi, and carried 4-1-0 (Liu voting no) to approve Application No.(s) SPA-2017-01 with revisions to the Draft Resolution: Consider creating Tier 1.5 as described above Moved by Com. Fung, second by Chair Paulsen, and carried 5-0-0 to approve Application No.(s) MCA-2018-01 per the D_raft_Res_olutio_~--- Moved by Com. Sun, second by Com. Fung, and carried 4-1-0 (Liu voting no) to approve Application No.(s) DA-2015-02 with revisions to the Draft Resolution: Clarify litigation challenge; Changes related to priorities to Community Benefits; Changes related to address Tier 1.5 and commensurate community benefits OLD BUSINESS: None NEW BUSINESS: None REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None REPORT OF THE PLANNING COMMISSION: None ADJOURNMENT: The meeting was adjourned at 12:10am to the next regular Planning Commission meeting on September 11, 2018 at 6:45 p.m. Respectfully Submitted: Beth Ebben, Deputy Board Clerk