PC 01-14-2020 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
APPROVED MINUTES, January 14, 2020
PLEDGE OF ALLEGIANCE
At 6:45 p.m.Vice Chairperson Saxena 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: Vice Chair Vikram Saxena, Commissioners Kitty Moore, David Fung, Alan Takahashi
Absent: Chairperson R Wang
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CEREMONIAL MATTERS:
1. 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.
Per the Commissioners' discussion, it was decided that this item would be postponed to the
next meeting when all of the Commissioners are in attendance.
APPROVAL OF MINUTES: {
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2. Subject: Draft Minutes of November 12, 2019.
Recommended Action: Approve or modify the Draft Minutes of November 12, 2019
The approval of the Minutes was postponed due to a lack of a quorum
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3. Subject: Draft Minutes of December 10, 2019.
Recommended Action: Approve or modify the Draft Minutes of December 10, 2019
The approval of the Minutes was postponed due to a lack of a quorum
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
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ORAL COMMUNICATIONS: None
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WRITTEN COMMUNICATIONS: None
CONSENT CALENDAR: None
PUBLIC HEARINGS
4. Subject: Municipal Code Amendments to regulate Short-Term Rental activity in the City.
A new Chapter 5.08 (Short Term Rental Activity) is proposed and amendments are proposed
to Chapter 3.12 (Transient Occupancy Tax), Chapter 19.08 (Definitions), Chapter 19.12
(Administration), Chapter 19.20 (Permitted, Conditional and Excluded Use in Agricultural and
Residential Zones) and Chapter 19.120 (Home Occupations), of the Cupertino Municipal Code.
Application No(s): MCA-2018-02 Applicant(s): City of Cupertino;Location: citywide
Recommended Action: Conduct the public hearing and recommend that the City Council:
Find that the proposed action is exempt from CEQA; and Recommend approval of amending
the Municipal Code by adding Chapter 5.08 and amending Chapters 3.12(Transient Occupancy
Tax), Chapter 19.08 (Definitions), Chapter 9.12 (Administration) and Chapter 19.120 (Home
Occupations) per the Draft Resolution.
Senior Planner, Erick Serrano, reviewed the proposed new "Short Term Rental Activity"
Municipal Code and the other proposed Municipal Code changes.He was asked and answered
questions by the Commissioners. The Commissioners made several suggestions for clarity.
Vice Chair Saxena opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Lisa Warren
Vice Chair Saxena closed the public comment period.
The Planning Commissioners discussed the proposed new Chapter at length. There was
concern about registry compliance, enforcement costs, traffic impacts and how future State
level legislation regarding Accessory Dwelling Units and other Housing Laws could impact
this Code.
Motion to:Approve the Draft Resolution;with additional language stating that per AB 68, new
ADUs and new JADUs are not eligible for Short Term Rental activities; and that there be a 5%
cap on the number of Short Term Rental permits issued.
Moved by Moore, second by Saxena, the motioned failed 2-2-1 (Fung and Takahashi voting no,
Wang absent)
The Commissioners approved the Draft Resolution. Per their discussion, they would like the
City Council to consider as part of their final approval: the status of ADUs and JADUs;whether
existing ADUs can by used for Short Term Rental activities if its already registered; and
language clarifications. They would like Staff to more fully explore how other cities are
implementing similar Ordinances and include that additional information to the City Council.
Motion to:Approve the Draft Resolution, with the additional language to include JADUs to the
Accessory Dwelling Unit exclusion
Moved by Moore, second by Takahashi, the motioned carried 4-0-1 (Wang absent)
OLD BUSINESS:
5. Subject: Study Session on General Plan Annual Review/Implementation Plan and consider
General Plan Policies and Strategies that could benefit from clarification.
Recommended Action: Provide direction of the format of the General Plan Annual
Preview/Implementation Plan; and Consider General Plan Policies and Strategies that could
benefit from clarification.
Planning Manager, Piu Ghosh, reviewed the Staff Report and updated the Commissioners on
the recent formatting changes that have been incorporated into the document per the
Commissioners prior requests. She answered questions from the Commissioners.
Vice Chair Saxena opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Lisa Warren
Vice Chair Saxena closed the public comment period.
The discussion continued with the Commissioners providing input and suggestions on pages
of the report LU-19.1 through HE-2.3.2. This discussion will continue over the next several
meetings.
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT:
Director Fu reminded the Commissioners to sign up for the Planning Commissioner's
Academy.
REPORT OF THE PLANNING COMMISSION:
Commissioner Moore mentioned the Housing Commission meeting she attended.
ADJOURNMENT:
The meeting was adjourned at 9:45 pm to the next regular Planning Commission meeting on
January 28, 2020 at 6:45 p.m.
Respectfully Submitted:
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Beth Ebben, Deputy Board Clerk