PC 05-12-2020 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
APPROVED MINUTES, May 12, 2020
PLEDGE OF ALLEGIANCE
At 6:45pm Chairperson Moore called to order the regular Planning Commission meeting. This
was a teleconference meeting with no physical location.
ROLL CALL
Present: Chairperson Moore,Vice Chair R Wang,Commissioners,David Fung,Vikram Saxena,
Alan Takahashi
Absent: none
APPROVAL OF MINUTES:
1. Subject: Draft Minutes of April 14, 2020.
Recommended Action: Approve or modify the Draft Minutes of April 14, 2020
Moved by Vice Chair Wang and seconded by Fung to: "Approve the minutes". The motion
carried 5-0-0
POSTPONEMENTS/REMOVAL FROM CALENDAR: None
ORAL COMMUNICATIONS:
Emails were received from Jennifer Griffin regarding various proposed/enacted State housing
laws and their impacts to Cupertino and neighboring cities
An email was received from Kevin Burke asking for the resignation of Chair Moore
Peggy Griffin addressed the Commission requesting that the City's Density Bonus Law be
updated for clarity and objectivity
WRITTEN COMMUNICATIONS:
Several emails were received regarding Item #2
PUBLIC HEARINGS:
2. Subject: Consider approving a development proposal to demolish a 71,250 square foot retail
center (The Oaks), remove and replace 74 protected trees, and construct a mixed-use
development consisting of 294 housing units (88 Rowhouse/Townhomes, 206 senior j
apartments, which include 48 senior affordable apartments and 27 memory care units) and
20,000 square feet of commercial space. The applicant is requesting a Heart of the City
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Exception for retail frontage along Stevens Creek Boulevard. The applicant is also requesting a
density bonus and density bonus waivers for height, building plane, and below market rate
housing dispersion. City approvals would be certification of the Final Environmental Impact
Report, Development Permit, Architectural and Site Approval Permit, Tree Removal Permit,
Use Permit, Heart of the City Exception, and Vesting Tentative Map; (Application No(s): DP-
2018-05, ASA-2018-05, TM-2018-03, TR-2018-22, U-2019-03, EXC-2019-03, EA-2018-04;
Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326-
27-042, -043
Recommended Action: Conduct the public hearing and find; 1) that the project is exempt
from CEQA; and 2) approve the applications per the Draft Resolutions
Senior Planner, Gian Martire, reviewed the Staff Report and project scope. He was asked and
answered questions by the Commissioners. Members from the KT Urban team addressed the
Commissioners with a presentation highlighting the project's operation plan. They were asked
questions by the Commissioners, which they answered.
Chair Moore opened the public comment period and the following individual(s) spoke:
Anastasia Novozhilova (email)
Peggy Griffin
Luke Lang
Jennifer Griffin
Erik Lindskog
Connie Cunningham
Richard Adler
Muni Madhdhipatla
David Sterns
Gavin
Henry Sang
John Kimball
Jean Bedord
Roma Ankolekar
Chair Moore closed the public comment period.
The Commissioners discussed at length the various concerns of the project with Staff,the City's
legal Representatives and the applicant including the following: applicability of density bonus
law to only lot 1 rather than to both parcels; the Senior Housing, BMR units and the Heart of
the City Specific Plan Exception for the reduction in retail. The applicant mentioned that they
applied for the Heart of the City Exception and Conditional Use permit "under protest". The
Commissioners commented on being supportive of the project, but expressed concerns about
the 2 parcels being sold separately and the possibility of lot 2 being eligible for a future project
with Density Bonus waivers.
There was a motion to approve the Draft Resolutions:
EA-2018-04: The Planning Commission recommends that the City Council certify the
Environmental Impact Report, adopt and make conditions of approval the mitigation
measures, and adopt the Mitigation Monitoring and Reporting Program, in substantially
similar form to the Draft Resolution attached hereto as Exhibit EA;
DP-2018-05: The Planning Commission recommends that the City Council approve the
Development Permit, in substantially similar form to the Draft Resolution attached hereto as
Exhibit DP, with the incorporated redlined changes as provide by Staff;
ASA-2018-05: The Planning Commission recommends that the City Council approve the
Architectural and Site Approval Permit, in substantially similar form to the Draft Resolution
attached hereto as Exhibit ASA, with the incorporated redlined changes as provided by
Staff;
U-2019-03: The Planning Commission recommends that the City Council approve the Use
Permit, in substantially similar form to the Draft Resolution attached hereto as Exhibit U;
TM-2018-03:The Planning Commission recommends that the City Council approve the Vesting
Tentative Map, in substantially similar form to the Draft Resolution attached hereto as Exhibit
TM, with the incorporated amendment to have the applicant work with the Public Works staff
to relocate the bus stop to a location along Stevens Creek Boulevard such that will not conflict
with the intersection of Mary Avenue and Stevens Creek Boulevard;
EXC-2019-03: The Planning Commission recommends that the City Council approve the Heart
of the City Exception, in substantially similar form to the Draft Resolution attached hereto as
Exhibit EXC;
TR-2018-22: The Planning Commission recommends that the City Council approve the Tree
Removal Permit,in substantially similar form to the Draft Resolution attached hereto as Exhibit
TR.
Moved by Com Fung, second by Vice Chair Wang, the motioned carried 5-0-0
NEW BUSINESS: None
OLD BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Vice Chair Wang mentioned that he had been speaking to various organizations regarding the
future of urban design (density, safety, health, construction methodology) in planning for
future public health emergencies.
He requested that a future agenda item under New Business be a discussion about how to
provide and ensure transparency to the public when ministerial projects come to the City for
approval.
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ADJOURNMENT:
The meeting was adjourned at 11:30 p.m. to the next regular Planning Commission meeting on
May 26, 2020 at 6:45 p.m.
Respectfully Submitted:
Beth Ebben, Deputy Board Clerk