PC 10-27-2020 CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
APPROVED MINUTES, October 27, 2020
At 6:45pm Chair 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 Alan Takahashi,David Fung,
Vikram Saxena
Absent: None
APPROVAL OF MINUTES:
1. Subject: Amended Draft Minutes of October 13, 2020.
Recommended Action: Approve or modify the Amended Draft Minutes of October 13, 2020
The Commissioners made the following amendment to the Draft Minutes:
There was much discussion about the upcoming RNHA numbers and the need for better V-K
communication by the City to demonstrate strate that the City is on We to meet th^about our progress to
meet the housing goals for the 51h cycle RHNA.
Moved by Com. Takahashi and seconded Chair Moore to: "Approve the minutes as
amended". The motion carried 5-0-0.
POSTPONEMENTS: None
ORAL COMMUNICATIONS:
Jennifer Griffin — spoke about how housing bills passed in Oregon should not influence the
housing bills in California and vice versa
Lisa Warren—(read email) regarding the Better Friends of Cupertino v City of Cupertino(SB35)
18CV330190, Attorney Fees
WRITTEN COMMUNICATIONS:
Emails were received regarding item #4
PUBLIC HEARING:
2. Subject: Modification to Use Permit (U-2011-09) and an Architectural and Site approval to
allow for the installation of two (2) hydrogen refueling dispensers and accessory utility
structures, site improvements and landscaping to an existing gasoline station (BSP Union).
Application No(s).: M-2020-001, ASA-2020-002; Applicant(s): Kristi Kandel (BSP Cupertino
Union,LLC); Location: 21530 Stevens Creek Boulevard APN# 357-20-027
Recommended Action: Thant the Planning Commission conduct the public hearing and
adopt the proposed resolutions to: recommend that the City Council: 1) find that the
proposed actions are exempt from CEQA; and 2) approve the project per the Draft
Resolutions
Planning Commission decision final unless appealed.
Associate Planner, Ellen Yau, reviewed the Staff Report and project scope with Planning
Commissioners. She was asked clarifying questions, which she answered. The applicants,
Kristi Kandel, Dr. Shane Stephens and Ghassan Sleiman also addressed the Commissioners.
Chair Moore opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Rose Grymes
Chair Moore closed the public comment period.
The Commissioners discussed the new refueling technology, the location on site where the new
equipment was going to be placed, and the need for strict adherence to all the safety
regulations. They thanked Staff and the applicant for their presentation and information.
Moved by Vice Chair Wang and seconded by Com. Saxena to: Find the proposed project
exempt from CEQA and approve the application per the Draft Resolution. The motion carried
5-0-0.
3. Subject: Consider Municipal Code Amendments to update existing Mobile Vending
regulations, including but not limited to, regulations in Chapter 5.48, and potential
conforming edits to other chapter in the Municipal Code, including in Titles 5, 11, 13 and
19, and adopting new policies and definitions regulating Mobile Vendors. Application
No(s): MCA-2020-004; Applicant(s): City of Cupertino; Location: citywide (postponed from
the October 13, 2020 meeting)
Recommended Action: Conduct the public hearing and recommend that the City Council:
1) find that the proposed actions are exempt from CEQA; and 2) Adopt an ordinance to
make Municipal Code Amendments related to new and amended regulations related to
sidewalk and motorized mobile vendors
Economic Development Director, Angela Tsui, and Associate Planners Ellen Yau and Jeffrey
Tsumura, reviewed the draft Ordinance and proposed Municipal Code changes with Planning
Commissioners. Staff explained that the passage of SB946 requires this update to bring the
City's Municipal Code into compliance. They were asked clarifying questions and operational
scenarios, which they answered.
Chair Moore opened the public comment period and the following individual(s) spoke:
Lisa Warren
Rose Grymes
Jenifer Griffin
Chair Moore closed the public comment period.
The Commissioners discussed the sidewalk safety, the potential places in the City where
sidewalk vendors could operate, and the time constraints to conduct transactions. The
Commissioners talked about the differences between mobile vendors operating in commercial
zones and residential areas. They felt that the sidewalk push-cart vendor and the street mobile
vendor engagements with the residents were too dissimilar to be regulated in one Ordinance.
A five (5) minute break was called at 10:15pm.
The commissioners resumed discussions toward recommending that the Ordinance move
forward to City Council only adopting the policies to be complaint with State law.
Moved by Chair Moore and seconded by Vice Chair Wang and Com. Saxena (amendment) to:
Find that the proposed actions are exempt from CEQA and recommend that the City Council
adopt an ordinance to make Municipal Code Amendments relating to Mobile Vendors with the
following amendment to the Resolution: "The Planning Commission recommends that the City
Council adopt an Ordinance to amend Chapter 5.04;Business Licenses, generally Chapter 5.20;
Solicitors; Chapter 5.48; Mobile Vendors; Chapter 11.28: Miscellaneous Parking Regulations,
On Street parking, Chapter 13.04; Parks, and Chapter 19.100; Accessory Uses and Building
Structures for Mobile Vendor regulations in accordance with SB946 and excepting portions which
are not directly applicable to SB946." and "Adopt the proposed amendments to the Municipal
Code with the findings reflected in the proposed Ordinance which the Planning Commission
makes as though set forth in their entirety in the Resolution only as applicable to SB946 in
substantially the form as shown in said Exhibit"
The motion carried 3-2-0 (Takahashi and Fung voting no).
I
4. Subject: Municipal Code Amendments to adopt glazing and lighting regulations to
implement the Fiscal Year 2019/20 City Council Work Program items relating to Dark Sky I
and Bird Safe Design. Application No(s): MCA-2019-003, MCA-2019-004;Applicant(s): City
of Cupertino; Location: citywide (continued from the August 11, 2020 meeting)
Recommended Action: Conduct the public hearing and recommend that the City Council:
1)find that the proposed actions are exempt from CEQA; and 2)Amend the Municipal Code
by adding a new Chapter 19.102 and amending Chapters 19.08, 19.12, 19.40, 19.60 and 19.72
to adopt glazing and lighting regulations to implement Bird-Safe and Dark Sky goals
Senior Planner Erick Serrano and Associate Planner,Ellen Yau, reviewed the updates that have
been made to draft Ordinance and proposed Municipal Code changes per the feedback from
the Commissioners at the August 11th meeting with the Planning Commissioners. They were
asked clarifying questions and operational scenarios, which they answered.
Chair Moore opened the public comment period and the following individual(s) spoke:
Connie Cunningham
Dashiell Leeds
Rose Grymes
Shani Kleinhaus
Chair Moore closed the public comment period.
The Commissioners thanked Staff for the additional research and clarifications and the fiscal j
impacts for construction. The Ordinance would be applicable to new residential construction,
major remodel or landscaping changes where windows and lighting fixtures are being
replaced.It would also apply to windows in commercial construction. All outdoor illumination
is required to be shut off at 11pm or when people are no longer present. The Commissioners
would like Staff to suggest to Council a possible exemption for string lights hung around trees
year-round or in residential patios.
Moved by Chair Moore and seconded by Com. Takahashi to: Find that the proposed actions
are exempt from CEQA and recommend that the City Council adopt an ordinance to make
Municipal Code Amendments relating to Dark Sky and Bird Safe Design with the following
friendly amendment to the Resolution: "To have the City Council review the portions which would
affect string lighting and potentially come up with some regulation around that which provides more
flexibility so to allow year round low luminosity string lighting"
The motion carried 4-1-0 (Wang voting no).
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Chair Moore and Com. Saxena attend the CUSD Board meeting.
ADJOURNMENT:
The meeting was adjourned at 12:OOam. to the next regular Planning Commission meeting on
November 10, 2020 at 6:45 p.m.
Respectfully Submitted:
k
Beth Ebben, Deputy Board Clerk