PC 02-12-2019_revised 8/9/23CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
PLEDGE OF ALLEGIANCE
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
APPROVED MINUTES, February 12, 2019
At 6:45 p.m. Chairperson Paulsen called to order the regular 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 Commissioner Don
Sun, David Fung. Absent: None
APPROVAL OF MINUTES
1.Subject: Draft Minutes of January 8, 2019.
Recommended Action: Approve or modify the Draft Minutes of January 8, 2019
Moved by Takahashi and seconded by Fung to approve the minutes as written. The
motion carried 4-0-0.
CEREMONIAL MATTERS:
2.Subject: Elect a Chair, Vice Chair and Committee representatives
Recommended Action: Elect a Planning Commission Chair, Planning Commission
Vice Chair, make a recommendation to the City Council for a representative to the
Environmental Review Committee, keep or select new representatives to the Housing
Commission and Economic Development Committee.
Election of Chair:
Moved by Saxena to elect R Wang Chair of the Planning Commission and seconded by
Moore. The motion carried 3-2-0 (Takahashi, Fung voting no)
Election of Vice Chair:
Moved by Wang to elect Vikram Saxena as Vice Chair of the Planning Commission
and seconded by Moore. The motion carried 3-2-0 (Takahashi, Fung voting no)
Election to Economic Development Committee:
Moved by Wang to elect Takahashi as the representative. Seconded by Fung. Motion
carried 5-0-0. Moved by Takahashi to elect Fung as the alternate. Seconded by Moore.
CONSENT CALENDAR: None
PUBLIC HEAR INGS:
3.Subject: Appeal of the Administrative Hearing' Officer's decision to approve a Front
Yard Interpretation to consider designating the street side property line (Bette Avenue)
as the front lot line to allow for a 198 square foot addition to the first floor and a Two
Story Permit to consider allowing a 980 square foot second floor to an existing single story
residence. Application No(s): R-2018-20, INT-2018-01; Appellant(s): Elisa Herberg;
Applicant(s): Clayton Johnson (Lau residence); Location: 10380 Perimeter Rd. APN #316-
20-092
Recommended Action: That the Planning Commission uphold the decision of the
Administrative Hearing Officer and deny the appeal per the draft resolutions
Associate Planner, Gian Martire, reviewed the Staff Report and answered questions from
the Commissioners. The Appellants presented to the Commission. Questions were asked
and answered. The Applicants addressed the Commission. They asked and answered
questions.
Chair Wang opened the public comment period and the following individual(s) spoke:
Daniel So
Bill Ogden
J enn,ifer Griffin
Chair Wang closed the public comment period.
The Planning Commission discussed various aspects of the project, including setbacks,
privacy tree planting and second story windows.
Moved by Com. Fung, second by Takahashi, and carried 5-0-0 to deny the appeal and
uphold the decision of the Administrative Hearing Officer.
The R-2018-20 draft resolution will be revised to reflect that the south facing, second story
windows will be opaque glass.
4.Subject: Municipal Code Amendments to the Cupertino Municipal Code to clarify
City standards for parkland dedication and fees (Chapter 13.08 -Park Land Dedication
Fee, Chapter 14.05 -Park Maintenance Fee, and Chapter 18.24 -Dedications and
Reservations), and size of Accessory Dwelling Units (Chapter 19.112 -Accessory
Dwelling Units), for clarifications, and consistency
Recommended Action: Postponed to the February 26, 2019 meeting
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
Motion carried 5-0-0.
Election to the Design Review Committee:
Vice Chair Saxena to serve as Chair. Moved by Takahashi to elect Fung to represent
and Moore (as alternate). Seconded by Saxena. Motion carried 5-0-0.
Election to the Environmental Review Committee:
Moved by Takahashi to recommend Kitty Moore be approved by the City Council to
the Environmental Review Committee and for Wang (as alternate). Seconded by
Saxena. The motion carried 5-0-0
Election to the Housing Commission:
Moved by Moore to elect Takahashi as the representative. Seconded by Wang. The
motion carried 5-0-0. Moved by Takahashi to elect Fung as the alternate. Seconded by
Saxena. The motion carried 5-0-0
POSTPONEMENTS/REMOV AL FROM CALENDAR:
Item #4 -Municipal CodeAmendments to the CupertinoMunicipal Code to clarify City sta;ndards
for parkland dedication a'nd fees (Chapter 13.08 -Park Land Dedication Fee, Chapter 14.05 - Park
Maintenance Fee, and Chapter 18.24 - Dedications and Reservatio'ns), and size of Accessory
Dwel(ing llnits (Chapter 19.112 -Accessory Dwelling lInits), for clarifications, and consistency,
has beert postponed to the February 26, 2019 meeting.
ORAL COMMUNICATIONS:
Jennifer Griffin thanked the Commissioners for their service to the City.
Richard Mehlinger voiced concerns about the appointment of Kitty Moore to the
Planning Commission.
Heather Dean spoke against her perceived division in the City and asked the
Commissioners to help fix the divide and make unbiased decisions.
Mariannc Sholvin Marieann Shovlin spoke about the conflicts of interest in the City,
exposing the City of lawsuits and financial liabilities. She asked that the Commissioners
make decisions mindful of that.
Lisa Warren asked the Commissioners prior speakers not to scold and direct the
Commissioners. She rnas uncomfortable with how that happened. rather to work together. She
thanked t-hem the Commissioners for their efforts to heal the divide in the community.
Parth Bharwad asked that the Commission not spread the ideology that persons living in
BMR units or affordable housing are bad persons. He asked that the Commissioners keep
Ms. Moore's opinions in this regard inline and asked her to respect all persons.
Mark Mollineaux commented on the role of planning. He felt that the primary job of cities
is to plan for growth and be welcoming to it rather than be exclusionary.
WRITTEN COMMUNICATIONS:
Four emails were received voicing opposition to Kitty Moore's appointment to the
Planning Commission. One email was received regarding item #3.
REPORT OF THE P[ANNING COMMISSION:
Commissioner Fung reported back to the Commission about items from the Mayor's
Monthly Meeting. He also attended an event to set a Guinness Book of World Record -
running a 5K while solving a Rubik's cube puzzle. Commissioner Moore attended the
Foothill/De Anza College Board of Trustees meeting. They announced the dosure of the
Flint Center at the end of June. She also attended the Parks and Recreation Commission
meeting to hear about the Parks' Master Plan. She encouraged people to provide input
about the Plan.
ADTOURNMENT:
The meeting was adjourned at 9:l5pm to the next regular Planning Commission meeting
on February 26, 2019 at 6:45 p.m.
RespectfulIy Submitted:
J'Se;U(, 5',*,4y
Beth EbbeA-Deputy Board Clerk