PC Packet 9-14-2021 AgendaCITY OF CUPERTINO
PLANNING COMMISSION
AGENDA
This will be a teleconference meeting with no physical location
Tuesday, September 14, 2021
6:45 PM
Teleconference Meeting
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Governor Newsom’s Executive Order No-29-20, this will be a
teleconference meeting without a physical location to help stop the spread of COVID-19.
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1)Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
2)The meeting will also be streamed live on and online at www.Cupertino.org/youtube
and www.Cupertino.org/webcast
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1)E-mail comments by 5:00 p.m. on Tuesday, September 14th to the Commission at
planningcommission@cupertino .org. These e-mail comments will be received by the
Commission members before the meeting and posted to the City’s website after the
meeting.
2)E-mail comments during the times for public comment during the meeting to the
Commission at planningcommission@cupertino.org. The staff liaison will read the emails
into the record, and display any attachments on the screen, for up to 3 minutes (subject to
the Chair’s discretion to shorten time for public comments). Members of the public that
wish to share a document must email planningcommission@cupertino.org prior to
speaking.
3)Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
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Planning Commission Agenda September 14, 2021
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item .
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Ple a s e c l i c k t h e l i n k b e l o w t o j o i n t h e w e b i n a r :
https://cityofcupertino.zoom.us/webinar/register/WN_eg4AKaBgTxeLiUoUBkIcYQ
Phone
Dial 669-900-6833 and enter Webinar ID: 988 4965 3412 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number .
Or an H.323/SIP room system: H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 988 4965 3412
SIP: 98849653412@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1.You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer .
2.You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3.When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4.When called, please limit your remarks to the time allotted and the specific agenda
topic.
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Planning Commission Agenda September 14, 2021
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to
attend this teleconference meeting who is visually or hearing impaired or has any disability
that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48
hours in advance of the meeting to arrange for assistance. In addition, upon request, in
advance, by a person with a disability, meeting agendas and writings distributed for the
meeting that are public records will be made available in the appropriate alternative
format.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Draft Minutes of June 22, 2021
Recommended Action: Approve or modify the Draft Minutes of June 22, 2021
1. Draft Minutes 6-22-21
2.Subject: Draft Minutes of August 10, 2021
Recommended Action: Approve or modify the Draft Minutes of August 10, 2021
1. Draft Minutes 8-10-21
3.Subject: Draft Minutes of August 24, 2021
Recommended Action: Approve or modify the Draft Minutes of August 24, 2021
1. Draft Minutes 8-24-21
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR
Unless there are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under the Consent Calendar be acted on simultaneously.
PUBLIC HEARINGS
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Planning Commission Agenda September 14, 2021
4.Subject: Consider amendments to Cupertino Municipal Code Sections 19.56.030 (Table
19.56.030), 19.56.030F, 19.56.040, and Table 19.56.040A and the addition of Section
19.56.080 (Density Bonus Ordinance) to allow density bonuses and other incentives as
provided by state law and also to add a subsection in Section 19.56.040 providing
additional incentives for affordable housing and a new Section 19.56.080 providing that
the Density Bonus Ordinance will be interpreted consistent with state density bonus
law. (Application No: MCA-2021-003; Applicant: City of Cupertino; Location:
Citywide.)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council:
1.Find the actions exempt from CEQA; and
2.Adopt amendments to Cupertino Municipal Code Sections 19.56.030 (Table
19.56.030) 19.56.030F, and Table 19.56.040A to allow for density bonuses and other
incentives as provided by state law; and to add a new Section 19.56.080 providing that
the Density Bonus Ordinance will be interpreted consistent with state density bonus
law.
Note that the language providing additional incentives is not being proposed at this
time.
Staff Report
1 - Draft Resolution
2 - HCD Letter to Cupertino Regarding AB 2345 05 03 21 not opened until 05 06 21
3 - Incentives for Affordable Housing
4 - Neighboring Cities Incentives and Waivers
OLD BUSINESS
NEW BUSINESS
STAFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
ADJOURNMENT
If you challenge the action of the Planning Commission in court, you may be limited to raising only
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed
to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said
appeal is filed with the City Clerk (Ordinance 632).
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
teleconference meeting who is visually or hearing impaired or has any disability that needs special
assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the
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Planning Commission Agenda September 14, 2021
meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability,
meeting agendas and writings distributed for the meeting that are public records will be made available
in the appropriate alternative format.
Any writings or documents provided to a majority of the Planning Commission after publication of the
packet will be made available for public inspection in the Community Development Department located
at City Hall, 10300 Torre Avenue, Cupertino, California 95014, during normal business hours; and in
Planning packet archives linked from the agenda/minutes page on the Cupertino web site .
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Members of the public are entitled to address the Planning Commission concerning any item that is
described in the notice or agenda for this meeting, before or during consideration of that item. If you
wish to address the Planning Commission on any issue that is on this agenda, please complete a speaker
request card located in front of the Commission, and deliver it to the City Staff prior to discussion of the
item. When you are called, proceed to the podium and the Chair will recognize you. If you wish to
address the Planning Commission on any other item not on the agenda, you may do so by during the
public comment portion of the meeting following the same procedure described above. Please limit your
comments to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items on the agenda,
contact the Planning Department at (408) 777 3308 or planning@cupertino.org.
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