PC 03-23-2021
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CITY OF CUPERTINO
PLANNING COMMISSION MEETING
ACTION MINUTES, March 23, 2021
At 6:45pm Chair Wang called to order the regular Planning Commission meeting. This was a
teleconference meeting with no physical location.
ROLL CALL
Present: Chair R Wang, Vice Chair Steven Scharf, Commissioners Vikram Saxena, Sanjiv Kapil,
Muni Madhdhipatla
Absent: None
CEREMONIAL MATTERSAND PRESENTATIONS:
1. Subject: Training on Commissioner handbook approved by the City Council on January 19,
2021
Recommended Action: That the City Clerk conduct training on the new handbook
The City Clerk reviewed the new Commissioners Handbook with the Commissioners.
APPROVAL OF MINUTES:
2. Subject: Draft Minutes of February 23, 2021.
Recommended Action: Approve or modify the Draft Minutes of February 23, 2021
Moved by Scharf and seconded by Wang to: “Approve the minutes”. The motion carried 3-0-2
(Saxena abstain, Madhdipatla absent)
POSTPONEMENTS: None
ORAL COMMUNICATIONS:
Peggy Griffin – (an email was read on her behalf) regarding topics for the Work Program
WRITTEN COMMUNICATIONS:
Emails were received regarding item #4
CONSENT CALENDAR:
Item#3 was pulled from the Consent Calendar for discussion
3. Subject: 2020 General Plan Annual Housing Element Progress Report (APR)
Recommended Action: That the Planning Commission receive the General Plan Annual
Housing Element Progress Report and provide any input to Staff
Kerry Heusler, Housing Manager, and Piu Ghosh, Planning Manager, reviewed the Staff
Report with the Planning Commissioners. They were asked clarifying questions, which they
answered.
Chair Wang opened the public comment period and the following individual(s) spoke:
Jennifer Griffin
Connie Cunningham
Lisa Warren
Chair Wang closed the public comment period.
This report is due to the Department of Housing and Urban Development on April 1, 2021. It
has already been reviewed by the City Council and sent. The Commissioners suggested that
future development entitlements include standard expiration dates to incentivize the
construction of approved housing projects.
Moved by Saxena and seconded by Scharf to: Accept the report. The motion carried 5-0-0
PUBLIC HEARING:
4. Subject: Appeal of the Director’s approval of a Tree Removal and Replacement Permit to
allow the removal and replacement of fifteen (15) live trees of various species and two (2)
dead trees in several locations within the Commons at Cupertino complex. Application
No(s).: TR-2020-036; Appellant: Alison Mathias; Applicant: Evan Fuller (Grayson
Community Management Services); Location: along United Place, Freedom Drive, Patriot
Way, Congress Place and Senate Way
Recommended Action: That the Planning Commission conduct the public hearing and: 1)
deny the appeal and upheld the decision of the Community Development Director per the
Draft Resolution
Lauren Ninkovich, Assistant Planner, reviewed the Staff Report with the Planning
Commissioners. She was asked clarifying questions, which she answered. The Appellant, the
Representative for the Homeowner’s Association, and the Arborist for the Homeowner’s
Association also addressed the Commission.
Chair Wang opened the public comment period and the following individual(s) spoke:
Nancy Hurtienne
Chair Wang closed the public comment period.
The Commissioners felt that the appeal is largely due to a difference of opinion regarding two
of the live trees scheduled for removal. It is not within the purview of the Commission to
mitigate differences of opinion within condominium complex. The Commission supported
Staff’s recommendation to deny the appeal. During the discussion, it was determined that the
replacement plan submitted as part of the packet is incorrect. The correct one needs submitted
and approved by the City.
Moved by Saxena and seconded by Madhdhipatla to: Deny the appeal an uphold the decision
of the Community Development Director per the Draft Resolution once the new replacement
tree removal plan is submitted. The motion carried 4-1-0 (Scharf voting no)
OLD BUSINESS: None
NEW BUSINESS: None
REPORT OF THE DIRECTOR OF COMMUNITY DEVELOPMENT: None
REPORT OF THE PLANNING COMMISSION:
Commissioner Saxena reported on the discussion at the Mayor’s Monthly meeting regarding
the issues surrounding the re-opening of the schools. Vice Chair Scharf and Chair Wang
attended (different) California Alliance of Local Electeds (CALE) meetings. The recent and
upcoming housing legislation was discussed at each meeting.
FUTURE AGENDA SETTING
How to create effective zoning policies that would encourage the right mix of housing that would
impact the funding of CUSD schools. (Kapil/Saxena)
ADJOURNMENT:
The meeting was adjourned at 9:25 pm. to the next regular Planning Commission meeting on
April 13, 2021 at 6:45 p.m.
Respectfully Submitted:
______/s/Beth Ebben_______________
Beth Ebben, Deputy Board Clerk