HomeMy WebLinkAboutPlanning Commission - 2023CITY OF
CUPERTINO
COMMUNITY DEVEIOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 9501 4-3255
TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333
CUPERTINO.ORG
NOTICE OF CANCELL,ATION
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, December 26, 2023,
beginning at 6:45 p.m., is canceled. The next regular meeting will be
held on Tuesday, January 9, 2024, beginning at 6:45 p.m. in
Community Hall Council Chambers, 10350 Torre Avenue, Cupertino,
CA and via teleconference.
Dated this 14th day of December,,,- .T.Y O 1,,1,.-.., L !,-2 z,
/s/Luke Connolly
STATE OF CALIFORNtA
CUPERTINO
Amended 12/11/23 at 9:50 a.m. to update the meeting location.
IN-PERSON AND TELBCONFERENCE / PUBLIC PARTICIPATION INFORMATIONMembers of the public wishing to observe the meeting may do so in one of the followingways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.3) The meeting will also be streamed live at www.Cupertino.org/youtube andwww.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in thefollowing ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who addressthe Commission must come to the lecteni/microphone, and are requested to complete aSpeaker Card and identify themselves. Completion of Speaker Cards and identifyingyourself is voluntary and not required to attend the meeting or provide comments
meeting.
2) E-mail comments by 5:00p.m. on Tuesday, December 12to the Commission atplanriingcommission@cupertino.org. These e-mail comments will be received by thecommission members before the meeting and posted to the City's website after the
Members of the public may provide oral public comments during the meeting as follows:Oral public comments will be accepted duririg the meeting. Comments may be madeduring "oral communications" for matters not on the agenda, and during the publiccomment period for each agenda item.
Teleconferertcing Instructions
To address the Commission, click on the link below to register in advance and access the
Page I
CITY OF
CUPERTINO
AMENDED
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3308 I www.cupertino.org
Planning Commission
meeting:
Online
Agenda December 12, 2023
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WNRtboGiD8QLOZQaqTWrnguQ
Phone Dial: 669-900-6833 and enter WEBINAR ID: 923 9897 7231 (Type *9 to raise hand to
speak, *6 to unmute yourself). 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)
213.19.144.110 (Amsterdam Netherlands)
213.244.140.110 (Germany)
103.122.166.55 (Australia Sydney)
103.122.167.55 (Australia Melbourne)
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 923 9897 7231
SIP: 92398977231@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 comect 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," or, if
you are calling in, press *9. Speakers will be notified shortly before they are called to speak.
Page 2
PlanningCommission Agenda Decemberl2,2023
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
PLEDGE OF AI,LEGIANCE
ROLL CALL
APPROV AL OF MINUTES
1. $: Approve the November 14 Planning Commission minutes.
Recommended Action: Approve the November 14 Planning Commission minutes.
1- Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commissio;n 071 any matter
within the jurisdiction of the Commissiort and not 072 the agerida. Speakers are (imited to three (3)
mimttes. In most cases, State (azo wil( prohibit the Commissio;n from maki;ng any decisions r.oith respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
CONSENT CAtENDAR - NONE
11;nless tliere are separate discussions and/or actions requested by council, staff or a member of the
public, it is requested that items under tlie Co;nsertt Calendar be acted on simtdtaneously
PUBLIC HEARINGS
Effective Jawary 1, 2023, Government Code Section 65103.5 (SB 1214) Limits the distribution oj
copyrighted material associated with the review of developme;nt projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 2214 may make an appointment with the
P'Lanning Division to view them at City Hall by sertding an email to planning@cupertino.org. Pla;ns
roi(7 also be made available digitally during the hearing to consider the proposaL
2.$: Application to consider the construction of a seven-tinit townhome
development and associated environmental review. The application includes
demolition of an existing four-plex, subdivision for condominium purposes only,
architectural review, and associated tree removal. (Application No(s): DP-2023-001,
ASA-2023-002, TM-2023-001 & TR-2023-008; Applicant(s): Leon Hu of Top Mission
Realty & Investment, Inc.; Location: 10046 Bianchi Way, APN: 359-07-021.)
Page 3
Planning Commission Agenda December 12, 2023
Recommended Action: Staff recoinrnends that the Plat"ining Cornrnission adopt the
draft resolutions recommending that the City Council:
1. Find the project exempt from the California Environmental Quality Act (CEQA) and
2. Approve the following permits:
a. Development Permit (DP-2023-001) (Attachment 1);
b. Architectural & Site Approval Permit (ASA-2023-002) (Attachment 2);
c. Tentative Final Map (TM-2023-001) (Attachment 3); and
d. Tree Removal Permit (TR-2023-008) (Attachment 4).
Staff Report
1 - Draft Resolution for DP-2023-001
2 - Draft Resolution for ASA-2023-002
3 - Draft Resolution for TM-2023-001
4 - Draft Resolution for TR-2023-008
5 - Arborist Report
6 - Letter from Jolie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21,
2023
7 - Leon Townhome Notice of Exemption
8 - Project Plans
3.$: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an
existing retail building (Application No(s): EXC-2022-004; Applicam(s): Kevin Tallmari,
Shane Co.; Location: 19900 Stevens Creek Blvd.; AJ'N: 369-05-044)
Recommended Action: That the Plaiuig Commission adopt the proposed draft
resolution (Attachment A):
1. Finding the project exempt from CEQA; and
2. Approving a Sign Exception (EXC-2022-004) to allow a total of two wall signs.
Staff Reoort
1 - Draft Resolution for EXC-2022-004
2 - Plan Set
3 - Customer Sign Presentation
OLD BUSINESS - NONE
NEW BUSINESS - NONE
ST AFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
ADJOURNMENT
If you chaLLenge t'lie action of the Planning Commission in court, you may be Limited to raising ordy
those issues you or someone else raised at the public hearing described in this agenda, or in writtert
correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an
action taken by t7ie Planning Commission is deemed objectionable, the matter may be officiauy appealed
Page 4
Planning Commission Agenda December 12, 2023
to the City Cotmcil'm writi;ng within fourteen (14) days of the date of the Commission's decision. Said
appea7 is fded with the City Clerk (Ordinance 632).
772 compliance with the Americans roith Disabilities Act (ADA), anyone zoho is planning to attend this
meeting toho is visually or hearing impaired or has any disability that meds specia7 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 r.oith a disability, meeting agendas and
writings distributed for the meeting that are pubdic records wil7 be made available in the appropriate
alter;native format.
Any writings or docume;nts provided to a majority of the Plam;ting Commissio;rt after publication of the
packet will be made available for public inspection in the Commrmih) Deve7opmertt Departmertt located
at City Hall 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, during norma( business hours; and in
Planning packet archives 1Mced from the agenda/mimttes page on the Cupertino toeb site.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipa( Code section
2.08.I00roritten communications settt to the Cupert'mo City Council Commissioners or City staff
concerning a matter 072 the agertda are included as supplemental materia7 to the agendized item. These
written commtmications are accessible to the public through the City's roebsite and kept in packet
arr.hives. Do not include any persona( or private information in written commvmications to the City
that you do not wish to make pubLic, as written communications are considered public records and will
be made pub(icly available 072 the City zoebsite.
Members of the public are entitled to address the Planning Commission co;qcerning any item that is
described in the notice or agenda for this meeting, before or during co;nsideration of that item. If you
wisli to address the P7a;nning Commission own any issue that is on this agertda, p(ease complete a spealcer
request card (ocated in front of the Commission, and deliver it to the City Staff prim to discussion of the
item. Wjxen you. are ca(led, proceed to the podium and the Chair zoili recog;nize you. If you wish to
address tlie Pltmning Commission on any other item not on the agenda, you may do so by during the
public comment portio;n of the meeti;ng follozoing the same procedure described above. P(ease rimit your
comments to three (3) minutes or Less.
For questions on any items in the agemla, or for documents re7ated to any of the items on the agenda,
contact the P4aming Departnzent at (408) 777 3308 or planning@cupertino.org.
Pttge 5
CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in-person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (58 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under 58 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AV AILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
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 (CMC Section
19.12.170). Contact the City Clerk's office
for more information or go to
www.cupertino.org/cityclerkforan appeal
form.
FLOWCHART FOR HEARING ITEMS:
. Chair introduces
agenda item
+
(chairopensthepubiichearing) <-1 vclo,lmlQm,irs;lio,n;ilAras,repmomrtlalnnl,y_s.;It,en.
I - - - -" - " " - " " -+
Staffrerceopmortmseannddatmloankes # Cquoemsmtioisnsstoners ask clarifying
+
Applicant Or Appellant _ For appeals of approvals, ttie
makes presentation ' applicant may respond to
(up to B min) I appellants presentation.
+
Commissioners ask
questions of staff or
applicant/appellant
+
Chairinvitesmembersof % SpeakerssubmitaRequesttoSpeak
the public to speak about l card, and are allowed up to 3
theagendaitem l minutes per individual.
l Commissioners may ask questions of
% speakers.
Chair invites
applicanUappellant
to respond to public
comments (2 min)
+
(chairciosesthepubiichearin)g
+
6ommisstonv7tes -q vahseeccohnadramftearytrheeqculeossieaomftohieopnuabnlisc,,,,,,o,,,n,,,,f,,h,,,,e,,,,a,5!,,,,,,,,,,,enda,,,,,:5em . l hearing. Commission then
I deliberates and votes.
COMMUNICATING WITH COMMISSION
All Commissioners: PlanningCommission@cupertino.org
Steven Scharf SScharf@cupertino.org
Muni Madhdhipatla MMadhdhipatla@cupertino.org
David Fung DFung@cupertino.org
Seema Lindskog SLindskog@cupertino.org
Tejesh Mistry TMistry@cupertino.org
Planning Division Planning@cupertino.org
CityHall www.cupertino.org
(408) 777 -3308
(408) 777 -CITY
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45p.m_ Friday(replay) lO:OOa.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want ,
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
a nnouncements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010
Garbage RecologySouthBay (408)725-4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Recreation & Community Quinlan Community Center (408) 777-3120
Services
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600
Public Health Santa Clara County Public Health (408) 732-3720
SanitarySewers CupertinoSanitary District (408)253-7071
Water SanJoseWater (408)279-7900
CaliforniaWater (650)917-0152
CITY OF
CUPERTINO
IN PERSON AND TELECONFERENCE MEEnNG
For more infornnation:
(408) 777-33DB I www.cupertino.org
CUPERTINO
CITY Or iRIINO
AGENDA
PLmG COMMISSION
10350 Tmre Avenue, Cound Chamberandvia Telecuii[eieitie
TelecOnfa'ence IaaltionPunto Guveijuueul Code section549530)X2);
171Ludlow8helNeQYmk,NY 10002
.Tuay, Decanberl2, 2023
ffim
INffiQONAND TELECONFERENCE /PUBLIC PARTIaPATION INFORMAIION
Members of the public washing to obsezve the meeting may do so in one of the following
Wap:
1) AtlendinpersmiatCupertinoCuuziih;lyIIallyl0350TomAvenue.
2) TmtetoComcastaiannel26andAT&TU-YeChannela99miyourTV.
3) The meeting wffl also be streanied live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
aMembers of the public wishing to cmnmait on an itan on the agenda may do so in the
followingways:
1) Appear in perwn at Cupertinn rnmmitnity Ha Members of fl'ie au,dience who address
fllP Commiaqinn must come to the lc51cu!hffaupLvaci and are requested to complde a
Speaker Qanl mid idaitify themse0es. Coiletimi of Speaker Cards and identifying
yomsdfisVffluntaryandnotmquired,toattaidthemcgrprOvidi
tiiufflkal!i.
2) E-mafl commaits by 5:00p.m. on Tuesday, Deoanber 12to the ('nmmiaqirm at
plaigcommiafflon@cupulmo.org These e-mail ammimb wffl be rved by the
ou uiembers bdore the meeting and posied to die aty's website after the
me"e&g.
Membeys of the public mayprovide ova} pub& cuzitnbixiiRb aun';ug the meeting as folNows:
Ot'aJ public comments win 'he accepted auying %he weding. Coxnments may be made
during "oral rramvv'nirpfinnq" toy matteys nof on ffie agendla, and during the publc
T'eIeeonfereng Irxstmctions
To add the Commismon, dick mi the below to ' in advance and access the
m$
Online
1
Planning Cmmaissima Agenda Deeanber 12, 2a23
Reg'ster in advance fortbis webinar.
https:// ' -RtboGiD8QLOZQaqTWmguQ
Phone Dial: and enter WEBINAR ID:923 9897 7231 ffype '9 to mise band to
speak, '6 to unmute youxselD. Unreg'stered partieipmits will be called mi by the last four
digits of their phmie number.
Or an H.323/SIPmom system:
H.323:
162.25537.11 (US West)
162.255.36.11 (US East)
213.19.144.110 (Aerdam Netherlands)
213.244.140.110 (y)
103.122.166.55 (Aushalia Sydney)
103.122.167.55 (Australia Melbounie)
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 923 9897 7231
SIP: 92398977231mzwhhat.tum
After reg'stexing, you wall receive a cmifirmation exmffl contg infomation about
joining the webinar.
Please readthe followingins €nietions carefully:
1. You can dimctly download the teleconference sofhvare or abnnect to ffie medmg in yom
internet bmwser. If you are using yom bmwser, make sure you are using a t and
up-to-date bmwsa. auome 30+, Firefox 27+, Miaft Edge 12+, Safari 7+. Certam
functionahtymaybe disabled in older bmwsers, induding hiteniet Explmer.
2. You wilt be asked to enter an email address and a nanie, foIlowed by an anail with
inmuctimis mi how to amneet to die medmg,. Yom anail address will not be disdosed to
the public. ff you wish to make an mal public comnient but do not wiffi to pde your
name, you may enter "Cupertino Regident" or similar designation.
3. Whaithe Chairrsfortheitemonwhidiyouwiahto speak,didcon "hgdl" m,if
you are callinginlpzess '9. Speakerswillbenotified shortly b theyaxe calledto speak.
4. Whenealled,pleasetyomranarks to fl'ie time allottedand&e specific agendatopie.
Pay2
FJanmmgCommissima A@nag Deeamber 122023
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.$: ApprovetheNovemberl4PlmmmgCoonminu'U;s.
Remmmended Action: Approve the November 14 g Coon minutes.
1- Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This pmtion of the meeting is reserved fiat persms uMing kp gg;ms the Comm*sion gn any tttr
vmthin the jurisdidim of the Cmnmissim gnd not m the agenda. Speakers gre limited to thrM (3)
minutes. In mnst C#S, State Igm mll prohkt the Cgmmissim /mm making my decisimis ufith respect
to a not on the agerida.
WRIN COMMUNICATIONS
CONSENT CALENDAR - NONE
llnless There gre sgpgrate discussigns gndlgr requesW by munal, staff m a mgtnher ff the
public, it is requested thgt items under t/ae Cgnstnt Cdgndgr bemed risimultanmusly
PUBLIC HEARINGS
Effed'roe Ignugry 1, 2023, Gmerrururnt Code Sedim 65103.5 (SB 1214) l'mits the distrflmfign of
cqghted material asso*M wiU't the rmiern of dkmdot prgpds. Members of the public wishing
to 'rrw p that cannot othem'se be distrbuted u'mkr SB 1214 mgy ttu&e gn gppointrnent with k
Plmning Dmisim to piety flitm gt City Flg'll by sgnd'g m effigil b phtxing@cupeHno.mg. Plans
vmn gjso be made mgiiabk digitAly durmg thehegrmg m ms*ler kpmposal.
% Application to ader flie achon of a seven-unit townhome
development and assomted envimnmental review- The application indudes
demolition of an existing four-plex, on for mr4dominium purposes only,
ardntectural review, and assomted h'ee removal. (Appbaition No(s): DP-2023-001,
ASA-20, TM-201 & TR-203008; AppHam$): Lean Hu of Top Mission
Realty & Investment, Inc-; Location: 70046 Biandff Way, APN: 359-07{)21)
P3
P Commisis'imi Agenda Deaer 12,2023
Reaimmended Adian: Staff reoommends that the Planning Commission adopt the
draft resolutions reoommending that the City Couni:
1. Find the pmject exempt from the California Envimm'ienti QuaM'ff Ad (CEQA) and
2. Appmve flie fonowing pets:
a. DevelopmentPenmt(DP-2023-001)(Attadmentl);
b. Ardiitectural&SiteApp;valPermit(ASA-2023-00)(Attadment2);
c. TentativeFMap(IM-2023-001)(Attadiment3);arid
d. Tree Removal Pet (TR-2023-008) (Attadiment 4).
Staff Report
1 - Draft Resolution for DP-2023-001
2 - Draft Resolution for ASA-2023-002
3 - Draft Resolution for TM-2023-001
4 - Draft Resolution for TR-2023-008
5 - Arborist Repott
6 - Letter from {olie Houston, Esq. of Berliner Cohen, LLP dated August 15, 2023, and September 21,
2023
7 - Leon Townhome Notice of Exemption
8 - Projed Plans
3.$: Sign Exception to allow two wall signs for a single tenant (Shane Co) at an
existing retail building (Application No(s): EXC-2022-004; Applicant(s): Kevin Tanman,
Shane Co.; Location: 19900 Stevens Creek Blvd.; APN: 369-05-044)
Recommended Adion: That the Planning Commission adopt tlie proposed draft
resolution (Attachment A):
1.Finding the project exempt from CEQA; and
2. Approving a Sign Exception (EXC-2022-004) to allow a total of two waif signs.
Staff Report
1 - Draft Resolution for EXC-2022-004
2 - Plan Set
3 - Customer Sign Presentation
OLD BUSINESS - NONE
NEW BUSINESS - NONE
STAFF AND COMMISSIONREPORTS
FUTURE AGENDA SffiG
ADJOURNMENT
If you chalbge Uxe gct of the Plgnning Cmnmissiori in cmirt, you mgy be Umited to raismg mly
those issue> ymi m sontete else rgised at the public heMng descnbed in this agtmla, m in written
cmespondence del'mtred to the City of Cupertino at, or prmr to, the public hegt#g. ln the ermit gn
actima takm by the Planning Cmmnissirm is detmedobjectimable, the m k 4emlly gppealed
Page4
PlamCmnmissimi Agegida Deamber 12,2023
to the City Cguncil'm vgriting mthm fourtm (14) dgys of'Uie dmeof the Commission's de*ion. Said
gppeal isfled mth the City Clerk (Ordiai 632)-
In mmplignce with the Americgm vith Disabilities Act (ADA), myme vnhn is plgnning b attend this
meeti'ng who is aoisually or hegrmg impaired or hgs gtty disability that needs specml assistance shmU
cd the Ci'ly Clerk's Office gt 408-777-3223, at lmst48 hmtrs # advmar ff the mtdHng to grmtge @
ssstgnce. In additim, 'gpm request, in advance, by a ptrsmt vxrith a dishlity, meeting agendw grid
wrUings distrUiuted @ the meeting that gre public remrds wfll be made maiMle in the qqmpriate
iternahefmmat.
Any uwitings or *cummts prmided to a jgrity ofUxe Plgnmng Cmtmmsion after publicat of k
pzket mll be made goailabk @ public inspec' in the Community Dmektnt Department located
at Ci% Half, 10300 Tme Avettue, Cgpertirxo, Califignxia 95014, during nmnal ks'mess hmirs; md in
Pkningpzket archives linked from the aggndajmmutes page m k Cwpertino web site.
IMPORTANT NOTICE: Please be adauised that purst to Cupertino Municipal Cnde section
2.08.100 vxwitkn cgrrn'nunLatiuns sent to fihe C'gtpmino City Couna, Cmtmissiontrs o'r City st4j
eonctnting a mtte 072 the agmda gre irlcluded gs swppkmerdal makfflal to the agmdized item. These
uzritttn mnmmica's gre accesshle to the public'gh the' City's website gnd kept in padwt
grr,h. Do not include grey personal or private in@matirm ;n w'tten mmmunicatigm to the C%
thatymi d!o nrN wish to make public, gs writtt'n amxmunicgtions m m'sidtred publicrecmds grid mll
be tnadepublidy mailable on k City website.
Mmbers ff the public gre tnHtled to address k Phning Cmmn coning grty item Uiat is
desmbed in the notice or agenda @ this meeting, bare or dwrmg cmsidgration of Umt item. If you
u#h to address k Planning Cmnmissim m my mx that is m this ag 77kase cgrttpkte a speaker
request cgrd Located infmntof Urie Cmmnissim, awl del it to the City St4prim to dismmsimi of the
itmi. When ymi gre called, proceed to k podium gnd the vmn rea:ignix ymi. 'if ygu voish to
mldress the Pkning Cmnmissimt rm any other i' nffl on fhe agmda, ymi vmq do so by dwring the
public mnt pgr ff the meeting folluu#g the sgme prrml'gre deseUml abme. Plew>e'Lunit your
b to tkree (3) minutes m bs.
Fgr ques m guy iterm in the agenda, or /or documtnb re to my of the kms o'n the agmda,
amid Uqe Pning Depgrtmtnt at (408) 777 3308 wpkning@cuperunn.vg.
'g'5
a)NDUCTOF BIISINESS
The Chairisthe presiding officer ofthe Planning Commmon- Any
member ofthe public may speak on any t on the agenda for up %o
three minutes. All sbdements and questions must be addressed tothe
Chair.
Planning Commission hearings sene as a venue for the discussion d
someUmes dmergent points of view. Please rspect the opWons d
others and rdriin from cheering or dapping. That may delay the
meeting or intimidate other persons mshing to mpress aRernate
mews. AcUons that disrupt the meeUng mll resutt in a waming,
followed by removal if disruption ainUnues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commbsion at an in-person meeting
must oome to the ledem/microphone, and are requested to comp
a Speaker Cam and gdentify thernsehres. Completion df Speaker Girds
and idenUfying yourss4f is voluntary and not required to attend the
meeting or pmvide axmments.
PUBuC HEARmGS
The Planning €orriirnissior+ is requiitaed by
law to ho)a @ub)tc hearings on certa)n
. matters pytoc to g'naking its decision. N'ot[ce
to interested @acties is gfven by )ega}
adverttsemen:t irx the local newspaper of
' generaJ cOrcul'ation at least 10 catet'dac
days pyeceding tt'ne hearing date.
, App)icatiogis yequirfng public hearings
include change of zoning, variances, use
permits, an.d tentative maps.
Effective January 1, 2023, Governrrient
Code Sectiori 65103.5 (SB 1224) limOts the
' distribution of copyrighted material
' associated wOth the review of
' development projects. Members of the
public wtshirxg to view plans that carhnot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Ha)l
by sending an email to
planning@cupertino.org. Plans will also be
made avaitab)e digitally during the hearirig
to consider the proposal.
COMMISSION MEETINGS
' The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AV AILABLE ON THE WEB
Agendas, mirxutes, and packets for cuyrent
' and prior Plarxnirig Commission rneetirigs
are avaitab)e at www.cupertino.org, or you
canpurchasetheftemsonCD.
' PLANNING COMMISSI0N DECISION
Irx the event an action taken by the
. P)arnrx)ng Dmrriission is deemed
' objectionah)e, the matter may he officially
appeafed to the Cfty Councl itq wcittng
wrthOri founeen (14) days of the date oftte
Corrnfsston's decks(on. Said appeal is. ffied
with the CNty Cl:erk (CMC Section
i jl9-{2.17O). Contact the City C)evk's office
', fOF FFiOFe OnfOF)TlaffOn Or gO kO
www.cupen)nio.ovg/cityc)erk foc an a:ppea:l:
foym.
FLOWCHART FOR HEARING ITEMS:
" Chair introduces.
' agerida iterri
+
(chairopensthepubiichearing) +-i lc,;o,lmf@m,irs,silolfn@elAr@s,repmomrtla}nrnl,ysl;y,en_
l ="+ -' ""-" W"=II"11"'}}"'+
S!affrerceopmort:eannddatmloankes # qCuoemsmtioisnssi.oners ask c!arifying
+
Applicant Or Appellant _ For appeals Of approva!s, the
makes presentation ' aP!)ltCant maV respond fO
((lp i@ 8 y7i5) l appellanfs presentaiion.
+
, Corntriiss0oners ask
' questiongofataffor
' appl}carht/appellant
+
Ctaic invffles members of , % Speakers submit a Request to Speak
thepubktospeakabout l card, and are al!owed up to 3
theagerdaitern I minutes per [ndfvtdua).
l Commissioners may ask questfons o€
§ speakers.
: Cktair }nvRei
I
app))cant/appe))ant
I
toc.ore;mlpoe:ts:to<2pmuh[;)c
+
(chaircnosesthepubntchearing)
+ I TheChatyavceaues.tamoPOoiniaii'
JiSSiOn VOteS
on the agend6 item nhaeaaer:o:afteccthoem:o}ssse}oo:tteputh:hellifflic
'- " l' die)f!:ieratesan6votes.
COMMUNICATING WfTH COMMlSStON
A)} €:og'ngntssfoners: PffiannNng€ornrnission@cupertfr+o.org
Steven Se)tan SSc(iagf@cupertino.org
Munt MadhdWpaflla MMaeBhihfpat!a@cuperttno.oyg
Dav}d Fung DFung@cupertino.org
Seegna L}ndskog SLNndskog@cupertino.org
Tejesh M:sJ TMfst7@cupertino.org
P)ant'ing DtvtsOon Plarnnfng@cupertino.org (408) 777-33D8
C[tyHa!) www.cupertino.org (408)777-CITY I
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-notificatOon of agendas, elections, and other news on the city website at www.cuperfig'no.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda prey:ews, pubflc
service announcemernts, and other prograrris of community interest, ori Chanrxel 26 in Cupertino. Th:e rrieetirigs
are shown at these times:
Tuesday 0ive) 6:45p.rn. Friday(replay) IO:OOa.m.
Thursday (rep}ay) 7:00 p.rn. Saturday (replay) 9:00 a.m.
INTERNET
City Council and P!annirig Commission viieos are avaiiable on demand at www.cupertino.org. Select "l Want
To, View City CounciJ meetings".
News and community fnforrnation can also be found at:
https://www.facebook.corn/cRyofcuperttrno/
https://twitter.com/CityofCupertino
https://www.instagram.corn/cityofcupertino
AUDIO
Tune into Radio Cuperttno, 1670 AM, for rrieetirig arinouncements, public service messages, and ernevgency
announcerrients.
USEFUL TELEPHONE NUMBERS
City of Cupertirno (City Hate) Geneva) Information and Comments (408) 777-ClTY
Fire (Emergency) Sarnta C)ara Courity Fire Dept. dispatch 911
Fire (Non-Emergency ) Santa (:[ava County Fire Dept. (408) 378-4010
Garbage Reco}ogySouthBay (408)725-402D
Gas & Electricity Pacff}c Gas & E)ectrfc (PG&E) 1-800-743-500D
Recreation & Communily Qutn!an Community Center (408) 777-3120
Services
Police (Emerget'hcy) Santa C)aca County St'xeriff dispatch 911
' Poltce(Norh-Erneygency) SantaCffayaCountySheriff (408)868-6600
PubJfc Hea!th Santa C(ava Coug'nfy Public Health (408) 732-3720
SarnitarySeweys CupeytfnioSan0tacyDfstrict (408)253-7071
Water SanijoseWakec (408)279-7900
CaliffocniOaWafev (650)917-03152
i i,
CITY OF
CUPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT
Pl ANNING DIVISION
CITY HALL
10300 TORRE A\/ENUE - CUPERTINO, CA 9501 4-3255
TELEPHONE: (408) 777-330F3 - FAX: (408) 777-3333
CUPERTINO.ORG
NOTICE OF CANCELATION
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, November 28, 2023,
beginning at 6:45 p.m., is canceled. The next regular meeting will be
held on Tuesday, December 12, 2023, beginning at 6:45 p.m. in
Community Hall Council Chambers, 10350 Torre Avenue, Cupertino,
CA and yia teleconference,
Datedthis22nddayofNovember<,2,92-3,;<,=.-l-.,H,5),-:-, -=.y
) SSii
/s/Beniamin Fu
Benjamin Fu, Director
Development
,' : 11 ,,," ' i ' l I . L"',,
CITY OF
CUPERTINO
STA7I'E OF CAL[FO. tJ'Jr.A
S S-.
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3308 l www.cupertino.org
CUPERTINO
CITY OF CUPERTINO
AGENDA
PLANNING COMMISSION
10350 Torre Avenue, Council Chamber and via Teleconference
Tuesday, November 14, 2023
6:45 PM
Amended
Amended on 11/13/23 at 11:53 a.m. to update the meeting location and agenda item #4 staff
report with the correct attachment.
IN-PERSON AND TEtECONFERENCE / PUB[IC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Commuruty Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on yout TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the Iectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00p.m. on Tuesday, November 14to 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.
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
during "oral communications" for matters not on the agenda, and during the public
comment period for each agenda item.
Teleconferencing Instructions
Page j
Planning Commission Agenda November 14, 2023
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WNWqEKIt02QzmyalmOZRmRlw
Phone Dial: 669-900-6833 and enter WEBINAR ID: 935 4212 5978 (Type '9 to raise hand to
speak, *6 to unmute yourself). 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)
213.19.144.110 (Amsterdam Netherlands)
213.244.140.110 (Germany)
103.122.166.55 (Australia Sydney)
103.122.167.55 (Australia Melbourne)
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 935 4212 5978
SIP: 93542125978@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 ettter "Cupertino Resident" or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on "raise hand," or, if
you are calling in, press '9. Speakers will be notified shortly before they are called to speak.
Page 2
Planning Commission Agenda November 14, 2023
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
PLEDGE OF AttEGIANCE
ROLL CAI,[
APPROV At OF MINUTES
1. : Approve the May 23 Planning Commission minutes.
Recommended Action: Approve the May 23 Planning Commission minutes.
1- Draft Minutes
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any ynatter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State lavo ruin prohibit the Commission from making any decisions with respect
to a matter not 07? the agenda.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR - None
unless tliere are separate discussions and/or actions requested by council, staff or a member of the
pub(ic, it is requested that items under the Consent Ca7endar be acted on simultaneously.
PUBLIC HEARINGS
2.: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit
and Parking Exception for the use of a former public sffiool site for a private K-9
educational facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009
Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location:
BA-zoned (Public Building) properties in Cupertino; 1170Yorkshire Drive; APN#
362-08-001)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachments I through 3) recommending that the City Council:
1. Adopt the MunicipaI Code Amendment (MCA-2023-003);
2. Approve the Conditional Use Permit (U-2023-002); and
3. Approve the Parking Exception (EXC-2023-009)
Page 3
Planning Commission Agenda November 14, 2023
1- Draft Resolution for MCA-2023-003
2 - Draft Resolution for U-2023-002
3 - Draft Resolution for EXC-2023-009
4 - Plan Set (abridged due to limitations of state law pursuant to SB1214)
5 - Applicai'it's Project Description
6 - Public Comments
: Conditional Use Permit Amendment and Architectitral & Site Approval to
consider a modification of the original Main Street Use Permit (U-2008-01) for the
addition of a second floor within Shop I (TD Ameritrade). (Application No.:
M-2022-003; ASA-2023-009; Applicant: Main Street Cupertino Retail Property, LLC;
Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachment 1 & 2) to:
1. Adopt the Third Addendum to an EIR and approve the Conditional Use Permit
Amendment (M-2022-003); and
2. Approve the Architectural and Site Approval Permit (ASA-2023-009).
Staff Report
1. Draft Resolution for M-2022-003
2. Draft Resolution for ASA-2023-009
3. Plan Set
4. City Coru'icil Resolution No. 12-098
5. Third Addendim to tl"ie Final Environmental Impact Report for the Main Street Cupertino Project
(SCH# 2008082058)
6. Public Comment
: Proposed amendments to Minicipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws.
(Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Staff Report
1. Draft Resolution
2. CA Govt. Code Sections 65852.2 and 65852.22
OLD BUSINESS - None
Page 4
Planning Commission Agenda November 14, 2023
NEW BUSINESS - None
ST AFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
ADJOURNMENT
If you chauertge the action of the Planning Commission in court, yo'tt may be (imited to raising on(y
those issues you or someone else raised at the public hearing described in this agenda, or in written
correspondence de(ivered 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 officia7(y appeared
to the Citi) Counci( in writing within fourteert (14) days of the date of the Commission's decision. Said
appea7 is fired zoith the Cifi) Clerk (Ordinayice 632).
In compliance with the Americans zoith Disab'dities Act (ADA), anyone who is planning to attend this
meeting who is visualLy or hearing impaired or hcts any disabi7ih) that needs special assistance sliould
cau 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 ctdvance, by a person with a disabiliti), meetirtg agendas and
writings distributed for the meetirtg that are public records void( be made available in tlie appropriate
alternative format.
Any writings or documents provided to a majorih) of the Planning Commission after publication of the
packet wi77 be made avai7able for public inspection in the Comm;ymity Development Department (ocated
at Cif'i) Hall 10300 Torre Avewe, Cupertino, California 95014, during normal business 7iours; and in
Planning packet archives Linked from the age;nda/minutes page 072 tlie Cupertino web site.
IMPORTANT NOTICE: Please be advised tliat pursuant to Cupertino Municipal Code section
2.08.100 written comrmmications sent to the Cuperti;n.o City Cozmcil Commissioners or City staff
concerning a matter 072 the agenda are 'mcluded as supplemental materia7 to the agendized item. These
written commtmications are accessible to t7ie public through tlie City's website and kept in packet
archives. Do not inc7ytde any personal or private i;nformation in written communications to the City
that you do ;not wish to make public, as written co'inmtmications are considered pub(ic records and wil7
be made public7y available on the City website.
Members of the public are entitled to address the Planning Commission concerning any item tliat is
described in the notice or agenda for this meeting, before or dur'mg consideration of tliat item. If you
wish to address the Planning Commissio;n on any issue that is on this agertda, please complete a speaker
request card Located in front of the Commission, and deliver it to the City Staff prior to discussion of tJie
item. Wiven you are called, proceed to the podium ctrtd the Chair will recognize you. If you wish to
address the Plctmting Commission 072 any otlier item not on tlie agertda, you may do so by duri;rig the
public comment portion of the meeting following the same procedure described above. P7ease Limit your
Page 5
Planning Commission Agenda November 14, 2023
commertts to three (3) minutes or less.
For questions on any items in the agenda, or for documents related to any of the items 07? the agenda,
contact the P7anni;ng Department at (408) 777 3308 or planning@cupertino.org.
Page 6
CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in-person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (SB 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AV AILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
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 (CMC Section
19.12.170). Contact the City Clerk's office
for more information or go to
www.cupertino.org/cityclerk for an appeal
form.
t
FLOWCHART FOR HEARING ITEMS:
Chair introduces
agenda item
+
(chairopensthepubiichearing) <-1 vclo,Im.@m,irs;ilo,nQelAr,s,7e,pmomrtlal,nl,yas+;t,en.
+ ' -- -- --
Staffrerceopmortmseannddatmloankes % qCuoemsmtioisnssi.oners ask clarifying
+
ApplicantorAppellant ( Forappealsofapprovals,the
makes presentation applicant may respond to
(up to 8 min) l appellants presentation.
+
Commissioners aik
questions of staff or
applicant/appellant
+
, Chairinvitesmembersof ff SpeakerssubmitaRequesttoSpeak
thepublictospeakabout l card, and are allowed up to 3 I
the agenda item l minutes per individual.
I Commissioners may ask questions of
% speakers.
Chair invites
applicant/appellant
to respond to public
comments (2 min)
+
(chairctosesthepublichearirg)
+
6ommissio;v7tes - Tahseeccohna:amtiearyirheeqcuieossfeaomriohfeopnuabni:dc "
on fhe agenda 'kam I hearing. Commission then
l deliberates and votes.
COMMUNICATING WITH COMMISSION
All Commissioners:
Steven Scharf
Muni Madhdhipatla
David Fung
Seema Lindskog
Tejesh Mistry
Planning Division
City Ha
PlanningCommission@cupertino.org
SScharf@cupertino.org
M Madhdhipatla@cupertino.org
DFung@cupertino.org
SLindskog@cupertino.org
TMistry@cupertino.org
Planning@cupertino.org
www.cupertino.org
(408) 777-3308
(408) 777 -CIT/
NEWS AND NOTICES FROM CITY HALL }
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7;00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcupertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
announcements.
USEFULTELEPHONENUMBERS *
I
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 l.'
Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010
Garbage RecologySouthBay (408)725-4020 IGas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Recreation & Community Quinlan Community Center (408) 777-3120
Services
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600
PublicHealth Santa Clara CountyPublic Health (408)732-3720 I
SanitarySewers CupertinoSanitary District (408)253-7071
Water SanJoseWater (408)279-7900 .1
CaliforniaWater (650)917-0152 '
CITY OF
CUPERTINO
lr 'l ,
IN PERSON AND TELECONFERENCE MEETING
For more information:
(408) 777-3308 www.cuper+ino,org
CUPERTINO
CITY OF CUPERTINO
AGENDA
PLANNING COMMISSION
10350 Torre Avenue, Council Chamber and via Teleconference
Teleconference Location Pursuant to Government Code section 54953(b)(2);
10317 McKalla PI, Austin Texas, 78758
Tuesday, November 14, 2023
6:45 PM
IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00p.m. on Tuesday, November 14to the Commission at
planningcommission@cupertino.org. These e-mail comments w"ll be received by the
commission members before the meeting and posted to the City's website after the
meeting.
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
during "oral communications" for matters not on the agenda, and during the public
comment period for each agenda item.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Page I
Planning Commission Agenda November 14, 2023
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WNWqEKIt02QzmyalmOZRmRlw
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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," or, if
you are calling in, press *9. 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.
Page 2
Planning Commission Agenda November 14, 2023
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROV AL OF MINUTES
1. $: Approve the May 23 Planning Cornmission minutes.
Recommended Action: Approve the May 23 Planning Commission minutes.
1- Draft Minrites
POSTPONEMENTS
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons zoishirtg to address the Commission ort any matter
within the jurisdiction of the Commissiorx and riot 072 the agenda. Speakers are limited to three (3)
mirxutes. In most cases, State lazo will prohibit the Commission from malcing any decisions zoith respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
CONSENT CALENDAR - None
Urdess there are separate discussions arxd/or actions requested by co'bmcil staff or a member of the
public, it is requested that items urtder the Corisent Calendar be acted ort simultaneously.
PUBLIC HEARINGS
2.Mrinicipal Code Amendment to Chapter 19.76 and a Conditional Use Permit
and Parking Exception for the use of a former public sohool site for a private K-9
educational facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009
Applicant: City of Cupertino; Grace Stanat on behalf of Tessellations; Location:
BA-zoned (Public Building) properties in Cupertino; 1170Yorkshire Drive; APN#
362-08-001)
Recommended Action: That the Planning Coznrnission adopt the proposed draft
resolutions (Attachments I through 3) recommending that the City Council:
1. Adopt the Minicipal Code Amendment (MCA-2023-003)
2. Approve the Conditional Use Permit (U-2023-002); and
3. Approve the Parking Exception (EXC-2023-009)
1 - Draft Resolution for MCA-2023-003
2 - Draft Resolution for U-2023-002
3 - Draft Resolution for EXC-2023-009
4 - Plait Set (abridged due to limitations of state law prirsuant to SB1214)
5 - Applicant's Project Description
6 - Public Comments
Page 3
Planning Commission Agenda Novembet 14, 2023
$: Conditional Use Permit Amendment and Architectural & Site Approval to
consider a modification of the original Main Street Use Permit (U-2008-01) for the
addition of a second floor within Shop 1 (TD Ameritrade). (Application No.:
M-2022-003; ASA-2023-009; Applicant: Main Street Cupertino Retail Property, LLC;
Location: 19409 Stevens Creek Blvd. (APNs: 316-20-112)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachment I & 2) to:
1. Adopt the Third Addendtirn to aii EIR and approve the Conditional Use Permit
Amendment (M-2022-003); and
2. Approve the Architecttiral and Site Approval Permit (ASA-2023-009).
Staff Repoort
1. Draft Resolution for M-2022-003
2. Draft Resolution for ASA-2023-009
3. Plan Set
4. City Corincil Resolution No. 12-098
5. Third Addendum to the Final Environmental Impact Report for the Main Street (upertino Project
(SCH# 2008082058')
6. Public Comment
$: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws.
(Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide)
Recornrnended Action: That the Planning Commission adopt the draft resolution
(Attachment 1) recommending that the City Coincil adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-I) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Staff Report
1. Draft Resotution
2. CA Govt. Code Sections 65852.2 and 65852.22
OLD BUSINESS - None
NEW BUSINESS - None
ST AFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
ADJOURNMENT
Page 4
Planning Commission Agenda November 14, 2023
If you challenge the action of the P4arming Commission in court, you may be Limited to raisirtg only
those issues you or someone dse raised at the public hearing described in this agenda, or iry written
correspondence delivered to the Cih) of Cupert'mo at, or prior to, the public hearing. Irx the event an
action taken by the Plartrting Commissiorx is deemed objectionable, the matter may be officially appealed
to the Cih) Counci7 in writing voithin fourteerx (14) days of the date of the Commission's decision. Said
appear is filed zoith the City Clerk (Ordinance 632).
Irt compliance with the Americans with Disabilities Act (ADA), anyone who is plarxrx'mg to attend this
meeting zoho is visually or hearing impaired or has arty disab'dity 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, uport request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meetirxg that are public records will be made avai7able irx the appropriate
alternative format.
Any v.oritings or documertts provided to a majority of the Plawirtg Commission after pub7icatiort of the
packet zoill be made available for public irxspection in the Commurtih) Development Department located
at City Hall 10300 Torre Avenue, Cupertino, Ca(ifornia 95014, during rxormal business hours; artd 'm
Pla;nrting packet archives linlced from the agenda/minutes page ort the Cupertino roeb site.
IMPORTANT NOTICE: r4ease be advised that pursuant to Cupertino Municipal Code section
2.08.l00roritten communications sent to the Cupertirto Cih) Council, Commissioners or Cih) staff
concerrxirtg a matter orx the agenda are included as supplemerttal materia7 to the agertdized item. These
zorittert commvmications are accessible to the puMic through the City's website a;nd kept in packet
archives. Do not include arxy personal or private informatiort'm writtert commurtications to the City
that you do riot zoish to make public, as zoritten communicatiorts are considered public records and will
be made publicly available on the City zoebsite.
Members of the public are entit(ed to address the Planning Commission concerning any item that is
described in the notice or agenda for this meet'mg, before or during consideration of that item. If you
roish to address the Plarming Commission on a;ny 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. W7qert you are called, proceed to the podium and the Chair wil7 recognize you. If you wish to
address the Planning Commissiorx 07'! any other item not on the agenda, you may do so by during the
public comment portiort of the meeting follozo'mg the same procedure described above. Please Limit your
comments to three (3 ) minutes or less.
For questions on cmy items 'm the agenda, or for documents related to any of the items on the agenda,
contact the Plam'mg Department at (408) 777 3308 or plarming@cupertino.org.
Page 5
CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of.
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in-person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Chair introduces
agenda item
+
(-=-------------=-==-')-1 5:.:-,?:::s:=-==,=.:.
I "-"-"' ""-"""""""""""'-+
Staffrerceopmortmseannodatmoankes # qcuoemsmtlo:snss:.oners ask clarifying
+
ApplicantorAppellant _ Forappealsofapprovals,the
makes presentation aP41:carTt maV respond iO
(7p to B min) I appellants presentation.
+
Commissioners ask
questions of staff or
. applicant/appellant
+
Chairinvitesmembersof ff SpeakerssubmitaRequesttoSpeak
thepublictospeakabout i card, and are allowed up to 3
theagendaitem i minutes per individual.
i Commissioners may ask questions of
+ speakers.
Chair invites
applicanUappellant
to respond to public
comments (2 min)
+
(Chairclosesthepublichearin'
+
, _l The Chair may request a motion andc ,omm'ss'onvofas i 'J asecondafferthecloseofthepublic
on'heagenda"m I i hearing. Commission then
I deliberates and votes. '
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (SB 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AV AILABIE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
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 (CMC Section
19.12.170). Contact the City Clerk's office
for more information or go to
www.cupertino.org/cityclerk for an appeal
form.
COMMUNICATING WITH COMMISSION
All Commissioners: PlanningCommission@cupertino.org
Steven Scharf SScharf@cupertino.org
Muni Madhdhipatla MMadhdhipatla@cupertino.org
David Fung DFung@cupertino.org
Seema Lindskog SLindskog@cupertino.org
Tejesh Mistry TMistry@cupertino.org
Planning Division Planning@cupertino.org (408) 777-3308
CityHall www.cupertino.org (408)777-CITY
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00p.m. Saturday (replay) 9:00a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "l Want
To, View City Council meetings".
News and community information can also be found at:
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https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
a nnOu ncements,
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall) General Information and Comments (408) 777-CITY
Fire (Emergency) Santa Clara County Fire Dept. dispatch 911
Fire (Non-Emergency ) Santa Clara County Fire Dept. (408) 378-4010
Garbage RecologySouthBay (408)725-4020
Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000
Recreation & Community Quinlan Community Center (408) 777-3120
Services
Police (Emergency) Santa Clara County Sheriff dispatch 911
Police (Non-Emergency) Santa Clara County Sheriff (408) 868-6600
Public Health ' Santa Clara County Public Health (408) 732-3720
SanitarySewers CupertinoSanitary District (408) 253-7071
Water SanJoseWater (408)279-7900
CaliforniaWater (650)917-0152
CITY OF
CUPERTINO
CUPERTINO PtANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, October 24, 2023, beginning
at 6:45 p.m., is canceled. The next regular meeting will be Tuesday,
November 14, 2023, beginning at 6:45 p.m. at Council Chambers,
10350 Torre Avenue, Cupertino, CA and via teleconference
Dated 19 0ctober 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
CITY OF
CUPERTINO
COMMUNITY DEVE"i " "T"
PLANNING DIVISIO
L-:i.l
CITY HALL
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, October 10, 2023, beginning
at 6:45 p.m., is canceled. The next regular meeting will be Tuesday,
October 24, 2023, beginning at 6:45 p.m. at Council Chambers,
10350 Torre Avenue, Cupertino, CA and via teleconference.
Dated 5 0ctober 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
STA7f'E OF CAur'7
CITY OF
CUPERTINO
- l' io) *
CITY HALL
(TIME)
POSTED
SIGNATURE
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Plg Commission scheduled for Tuesday, September 26, 2023,
beginning at 6:45 p.m. in Community Hall Council Chamber, 10350
Torre Avenue, Cupertino, CA 95014 and via teleconference, is canceled.
Dated 21 September 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
CITY OF
CUPERTINO
COMMUNITY DEVElOtPa
PLANNING DIVISIO$,
STATEOFCALIF(:Ft :€A
'F o.: a. J 'i
CUPERTINO PLANNI-NG'-COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Platwing Commission scheduled for Tuesday, September 12, 2023,
beginning at 6:45 p.m., is canceled. Tlie next regular meeting will be
Tuesday, September 26, 2023, beginning at 6:45 p.m. at Council Chambers,
10350 Torre Avenue, Cupertino, CA and via teleconference.
Dated 7 September 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
CITY OF
CUPERTINO
COMMUNITY DEVEIOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE - CUPERTINO, CA 9501 4-3255
TELEPHONE: (408) 777-3308 - FAX: (408) 777-3333
CUPERTINO.ORG
NOTICE OF CANCE[ATION
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Cornrnission scheduled for Tuesday, August 8, 2023,beginning
at 6:45 p.m., is canceled. The next regular meeting will be Tuesday,
August 22, 2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre
Avenue, Cupertino, CA and via teleconference
Dated 3 August 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
STATE OF CALIFOP.''HA
CITY OF
GUM!RTINO
S'a(-i"xi"-i'(t'laC'i"+ia-I""/.'i-"
BULLETIN BOARD Aa' C:iT\ N4ALL
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, July 11, 2023, beginning
at 6:45 p.m., is canceled. The next meeting will be Tuesday, July 25,
2023, beginning at 6:45 p.m. at Council Chambers, 10350 Torre
Avenue, Cupertino, CA and via teleconference.
Dated 5 July 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
STATE OF CALIFORNIA
CITY OF CuB s �rA c�ARA ss•
ElI[ L 1'EE O. Ts (E� AN
AGENDA A � CITY OF CUPERTINO
go]�S ;`L S rArE �.-' : �_ DEPART
C U P E RTI N O PLANNING COMMISSrONA.r �-iqOfe�fi—`
t Elf '�- q 32 OF
10350 Torre Avenue, Council Cha) 3 iI I'l-KSO'NALIY
riez'a:�SLrdDA
Tuesday, Ma 23 It1 AJN BOA�, D Ar ®N THE
I CITY HALL. .
6:45 P
IN -PERSON AND TELECONFERENCE / PUBLkIVAT
ICIPATION URE
Members of the public wishing to observe the meeting may do so in oneofthe following
olllow ng
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at ww-w.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifyin
yourself is voluntary and not required to attend the meeting or provide comments. g
2) E-mail comments by 5:00 p.m. on Tuesday, May 23 to the
planningcommission@cupertino.org. These e-mail comments will be
commission members before the meeting and posted to the City's
meeting.
Commission at
received by the
website after the
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
during "oral communications" for matters not on the agenda, and during the public
comment period for each agenda item.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Page 1
May 23, 2023
Planning Commission
Agenda
Register in advance for this webinar: y f6vOLK1MF5XMQ
https://cityofcupertino.zoom.us/webinar/register/WN_sY_4ro QQ
Phone Dial: 669-900-6833 and enter WEBINAR ID: 9101186 2372 (Type *9 to raise hand to
called on by the last four
speak, *6 to unmute yourself). Unregistered participants will be
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Or an H.323/SIP room system:
H.323:
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162.255.36.11 (US East)
213.19.144.110 (Amsterdam Netherlands)
213.244.140.110 (Germany)
103.122.166.55 (Australia Sydney)
103.122.167.55 (Australia Melbourne)
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 9101186 2372
SIP: 91011862372@zoomcrc.com
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Please read the following instructions carefully:
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by
ail with
2. Your email addressYou will be asked to enter an email address and a name, followed not a disclosed to
instructions on how to connect to the meetcomment but do not wish to provide your
the public. If you wish to make an o public
name, you may enter "Cupertino Resident" or similar designation.
3.
When the Chair calls for the item on which you wish to speak, click a nare called to
or, if
you are calling in, press *9. Speakers will be notified shortly before y
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
PLEDGE OF ALLEGIANCE
Page 2
Planning Commission Agenda May 23, 2023
ROLL CALL
APPROVAL OF MINUTES
1. Subject: Approve the April 25 Planning Commission minutes
Recommended Action: Approve the April 25 Planning Commission minutes
1 - Draft Minutes
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 - None
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
2. Subject: Consider a proposed mixed -use development with 34 residential units, 7,595
sq. ft. commercial space, and the removal and replacement of 51 development trees.
(Application No(s): TM-2021-003, ASA-2021-004, DP-2021-002, U-2021-001,
TR-2022-006, EA-2022-005; Applicant(s): Carlson Chan (Prospect Venture LLC);
Location: 1655 S. De Anza Blvd., APNs 366-10-061, -126.
Recommended Action: Staff recommends that the Planning Commission adopt the
draft resolutions recommending that the City Council:
1. Adopt the Mitigated Negative Declaration (EA-2022-005);
2. Approve the Development Permit (DP-2021-002);
3. Approve the Architectural and Site Approval Permit (ASA-2021-004);
4. Approve the Use Permit (U-2021-001);
5. Approve the Tentative Map (TM-2021-003)
6. Approve the Tree Removal Permit (TR-2022-006)
Page 3
Planning Commission Agenda May 23, 2023
Staff Report
1 - Draft Resolution for EA-2022-005
2- Draft Resolution for DP-2021-002
3 - Draft Resolution for ASA-2021-004
4 - Draft Resolution for U-2021-001
5 - Draft Resolution for TM-2021-003
6 - Draft Resolution for TR-2022-006
7 - Letter from Brandon Airoli of Prophis dated March 9, 2021
8 - BMR Program 1655 S De Anza Blvd Cupertino Project, Brandon Arioli
9 -1655 South De Anza Boulevard Mixed -Use Project Initial Study, Final Draft, May 2023
10 - Response to Comment Memorandum, Dated May 15, 2023
11- Site Plan and Renderings
12 - Public Comment
OLD BUSINESS - None
NEW BUSINESS - None
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
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.
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
Page 4
Planning Commission Agenda May 23, 2023
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.
Page 5
CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in -person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS:
Chair introduces
agenda item
Chair opens the public hearing
Commissioners report any site
visits or outside communications.
i
Staff reports and makes
Commissioners ask clarifying
recommendation
questions.
i
Applicant or Appellant
I
For appeals of approvals, the
makes presentation
jl
applicant may respond to
(up to 8 min)
appellants presentation.
i
Commissioners ask
questions of staff or
applicant/appellant
i
Chair invites members of
the public to speak about
the agenda item
i
Chair invites
applicantlappellant
to respond to public
comments (2 min)
i
Chair closes the public hearing
i
Commission votes
on the agenda item
Speakers submit a Request to Speak
card, and are allowed up to 3
minutes per individual.
Commissioners may ask questions of
speakers.
The Chair may request a motion and
a second after the close of the public
hearing. Commission then
deliberates and votes.
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (SB 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
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 (CIVIC Section
19.12.170). Contact the City Clerk's office
for more information or go to
www.cupertino.org/cityclerk for an appeal
form.
COMMUNICATING WITH COMMISSION
All Commissioners
Steven Scharf
Muni Madhdhipatla
David Fung
Seema Lindskog
Tejesh Mistry
Planning Division
City Hall
PlanningCommission@cupertino.org
SScharf@cupertino.org
MMadhdhipatla@cupertino.org
DFung@cupertino.org
SLindskog@cupertino.org
TMistry@cupertino.org
Planning@cupertino.org
www.cupertino.org
NEWS AND NOTICES FROM CITY HALL
(408)777-3308
(408) 777-CITY
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings , as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.face book.co m/cityofcu pe rti no/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall)
General Information and Comments
(408) 777-CITY
Fire (Emergency)
Santa Clara County Fire Dept. dispatch
911
Fire (Non -Emergency)
Santa Clara County Fire Dept.
(408) 378-4010
Garbage
Recology South Bay
(408) 725-4020
Gas & Electricity
Pacific Gas & Electric (PG&E)
1-800-743-5000
Recreation & Community
Quinlan Community Center
(408) 777-3120
Services
Police (Emergency)
Santa Clara County Sheriff dispatch
911
Police (Non -Emergency)
Santa Clara County Sheriff
(408) 868-6600
Public Health
Santa Clara County Public Health
(408) 732-3720
Sanitary Sewers
Cupertino Sanitary District
(408) 253-7071
Water
San Jose Water
(408) 279-7900
California Water
(650) 917-0152
STXT1=, OF CAL1". ".N
CITY OF CVPERT 01_1 ' " _
1.
LE
AGEMJA r- .
L iW F. 5 Tr� I L L i P
C U P E RT I N O PLANNING CO 4WisM r c "{ Lr) l.(11
il
10350 Torre Avenue, Council Cli��te:3 zWi11cotferee� . T Cy,, ti
Tuesday, Agrllrg A)0i2PN BOA IU) A F CITY H.-` -'
6:45 PM
IN -PERSON AND TELECONFERENCE / PUBU iI-tARTICIPATION INFORMAW6k
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, April 25 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.
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
during "oral communications" for matters not on the agenda, and during the public
comment period for each agenda item.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Page 1
Planning Commission Agenda April 25, 2023
Register in advance for this webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_AMGkAeEaTS-HX4rwldaOrg
Phone Dial: 669-900-6833 and enter WEBINAR ID: 989 7632 9238 (Type *9 to raise hand to
speak, *6 to unmute yourself). 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)
213.19.144.110 (Amsterdam Netherlands)
213.244.140.110 (Germany)
103.122.166.55 (Australia Sydney)
103.122.167.55 (Australia Melbourne)
69.174.57.160 (Canada Toronto)
65.39.152.160 (Canada Vancouver)
Meeting ID: 989 7632 9238
SIP: 989763292380zoomcrc.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," or, if
you are calling in, press *9. 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.
Page 2
Planning Commission Agenda April 25, 2023
PLEDGE OF ALLEGIANCE
ROLL CALL
CEREMONIAL MATTERS AND PRESENTATIONS
1. Subject: Receive Email Phishing Campaign Presentation from the City's Infrastructure
Division
Recommended Action: Receive Email Phishing Campaign presentation from the City's
Infrastructure Division.
1 - Presentation
APPROVAL OF MINUTES
2. Subject: Approve the March 28 Planning Commission meeting minutes
Recommended Action: Approve the March 28 Planning Commission meeting minutes
1 - Draft Minutes
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 - None
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
3. Subject: Consider a Conditional Use Permit for the concurrent sale of alcoholic
beverages and gasoline at an existing Chevron gasoline service station. (Application
No.: U-2022-006; Applicant: Steve Rawlings on behalf of Chevron Stations; Location:
11010 N De Anza Blvd; APN# 309-42-041) (Continued from February 14, 2023)
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
Page 3
Planning Commission Agenda April 25, 2023
Staff Report
1 - U-2022-006 Draft Resolution
2 - Plan Set (Abridged
3 - Applicant's Project Description
4 - Security Plan
5 - February 14th Staff Report
OLD BUSINESS - None
NEW BUSINESS - None
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
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.
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.
Page 4
Planning Commission Agenda April 25, 2023
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.
Page 5
CONDUCT OF BUSINESS
The Chair is the presiding officer of the Planning Commission. Any
member of the public may speak on any item on the agenda for up to
three minutes. All statements and questions must be addressed to the
Chair.
Planning Commission hearings serve as a venue for the discussion of
sometimes divergent points of view. Please respect the opinions of
others and refrain from cheering or clapping. That may delay the
meeting or intimidate other persons wishing to express alternate
views. Actions that disrupt the meeting will result in a warning,
followed by removal if disruption continues.
The proceedings of the meeting are recorded, therefore members of
the audience who address the Commission at an in -person meeting
must come to the lectern/microphone, and are requested to complete
a Speaker Card and identify themselves. Completion of Speaker Cards
and identifying yourself is voluntary and not required to attend the
meeting or provide comments.
FLOWCHART FOR HEARING ITEMS
Chair introduces
agenda item
i
Chair opens the public hearing
Commissioners report any site
visits or outside communications.
Staff reports and makes
Commissioners ask clarifying
recommendation
questions.
a
Applicant or Appellant
For appeals of approvals, the
makes presentation
applicant may respond to
(up to 8 min)
appellants presentation.
i
Commissioners ask
questions of staff or
applicant/appeIlan t
i
Chair invites members of
the public to speak about
the agenda item
i
Chair invites
applicant/appellant
to respond to public
comments (2 min)
i
Chair closes the public hearing
i
Commission v®Ees
(m the agenda item
Speakers submit a Request to Speak
card, and are allowed up to 3
minutes per individual.
Commissioners may ask questions of
speakers.
The Chair may request a motion and
a second after the close of the public
hearing. Commission then
deliberates and votes.
PUBLIC HEARINGS
The Planning Commission is required by
law to hold public hearings on certain
matters prior to making its decision. Notice
to interested parties is given by legal
advertisement in the local newspaper of
general circulation at least 10 calendar
days preceding the hearing date.
Applications requiring public hearings
include change of zoning, variances, use
permits, and tentative maps.
Effective January 1, 2023, Government
Code Section 65103.5 (SB 1214) limits the
distribution of copyrighted material
associated with the review of
development projects. Members of the
public wishing to view plans that cannot
otherwise be distributed under SB 1214
may make an appointment with the
Planning Division to view them at City Hall
by sending an email to
planning@cupertino.org. Plans will also be
made available digitally during the hearing
to consider the proposal.
COMMISSION MEETINGS
The Planning Commission regularly meets
the second and fourth Tuesdays of each
month. Urgent business, holidays, or
election days may trigger special or
adjourned meetings. These meetings will
be noticed beforehand.
AGENDAS, MINUTES, AND PACKETS
AVAILABLE ON THE WEB
Agendas, minutes, and packets for current
and prior Planning Commission meetings
are available at www.cupertino.org, or you
can purchase the items on CD.
PLANNING COMMISSION DECISION
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 (CIVIC Section
19.12.170). Contact the City Clerk's office
for more information or go to
www.cupertino.org/cityclerk for an appeal
form.
COMMUNICATING WITH COMMISSION
All Commissioners:
PlanningCommission@cupertino.org
Steven Scharf
SScharf@cupertino.org
Muni Madhdhipatla
MMadhdhipatla@cupertino.org
David Fung
DFung@cupertino.org
Seema Lindskog
SLindskog@cupertino.org
Tejesh Mistry
TMistry@cupertino.org
Planning Division
Planning@cupertino.org (408) 777-3308
City Hall
www.cupertino.org (408) 777-CITY
NEWS AND NOTICES FROM CITY HALL
EMAIL
Sign up for e-notification of agendas, elections, and other news on the city website at www.cupertino.org/notify
TELEVISION
The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public
service announcements, and other programs of community interest, on Channel 26 in Cupertino. The meetings
are shown at these times:
Tuesday (live) 6:45 p.m. Friday (replay) 10:00 a.m.
Thursday (replay) 7:00 p.m. Saturday (replay) 9:00 a.m.
INTERNET
City Council and Planning Commission videos are available on demand at www.cupertino.org. Select "I Want
To, View City Council meetings".
News and community information can also be found at:
https://www.facebook.com/cityofcu pertino/
https://twitter.com/CityofCupertino
https://www.instagram.com/cityofcupertino
AUDIO
Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency
announcements.
USEFUL TELEPHONE NUMBERS
City of Cupertino (City Hall)
General Information and Comments
(408) 777-CITY
Fire (Emergency)
Santa Clara County Fire Dept. dispatch
911
Fire (Non -Emergency)
Santa Clara County Fire Dept.
(408) 378-4010
Garbage
Recology South Bay
(408) 725-4020
Gas & Electricity
Pacific Gas & Electric (PG&E)
1-800-743-5000
Recreation & Community
Quinlan Community Center
(408) 777-3120
Services
Police (Emergency)
Santa Clara County Sheriff dispatch
911
Police (Non -Emergency)
Santa Clara County Sheriff
(408) 868-6600
Public Health
Santa Clara County Public Health
(408) 732-3720
Sanitary Sewers
Cupertino Sanitary District
(408) 253-7071
Water
San Jose Water
(408) 279-7900
California Water
(650) 917-0152
STATE OF CALIFO r,".1 TA
sc,
CITY OF IN OVF I
COMMUNITY DEVELS'P El TO(
PLANNING DIVISIO
L(�' F-1 L OF F 1-" i r)' i C U P 1j�_ ' -IN.,
CITY HALL 0
y
10300 TORRE AVENUE T�CUPERTINO,(A_A_'9501'4-3255 L
Lo TELEPHONE: (408)777-3308,-FAX,,'('40,8),Z77�3333
CUPERTINO CUPERTINO.ORG
POSTED THE 1'
BULLETIN 130ARL'.) _\r (TYY IiALttl
NOTICE OF CAM1a.A-1 TON
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, April 11, 2023,
beginning at 6:45 p.m., is canceled. The next meeting will be Tuesday,
April 25, 2023, beginning at 6:45 p.m. at Council Chambers, 10350
Torre Avenue, Cupertino, CA and via teleconference.
Dated 6 April 2023.
/s/Ben Fu
Ben Fu, Director
Community Development
SIGNA
FS.
CITY OF CUPE T, ?,,,
AGENDA
CUPERTINO PLANNING COMMISSION
10350 Torre Avenue, Council Chamber and viWTe feconference ' `'`-f _'
Tuesday, March 28, 2023 ., j t i 1. s L.
6:45 P
IN -PERSON AND TELECONFERENCE / PUBLIC` PARTICIPATION INFORMATION L:
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue.
2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV.
3) The meeting will also be streamed live at www.Cupertino.org/youtube and
www.Cupertino.org/webcast
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Cupertino Community Hall. Members of the audience who address
the Commission must come to the lectern/microphone, and are requested to complete a
Speaker Card and identify themselves. Completion of Speaker Cards and identifying
yourself is voluntary and not required to attend the meeting or provide comments.
2) E-mail comments by 5:00 p.m. on Tuesday, March 28 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.
Members of the public may provide oral public comments during the meeting as follows:
Oral public comments will be accepted during the meeting. Comments may be made
during "oral communications" for matters not on the agenda, and during the public
comment period for each agenda item.
Teleconferencing Instructions
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Register in advance for this webinar:
Page 1
Planning Commission Agenda March 28, 2023
https://cityofcupertino.zoom.us/webinar/register/WN_vjy0mKj4TIuKlPjnglOt1Q
Phone Dial: 669-900-6833 and enter Webinar ID: 990 4845 2463 (Type *9 to raise hand to
speak, *6 to unmute yourself). 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: 990 4845 2463
SIP: 99048452463@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," or, if
you are calling in, press *9. 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.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1. Subject: Approve the February 14 Plarming Commission meeting minutes
Recommended Action: Approve the February 14 Planning Commission meeting
minutes
Page 2
Planning Commission Agenda March 28, 2023
1 - Draft Minutes
POSTPONEMENTS - None
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
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans for a project may make an appointment with the Planning Division to view them at City
Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during
the hearing to consider the proposal.
2. Subject: Consider the proposed development of a 282,320-square-foot office building
with a detached parking structure and removal and replacement of 113 trees and
exemption from the California Environmental Quality Act. (Application No(s):
DP-2021-001, ASA-2021-003, TR-2021-020; Applicant(s): Apple, Inc.; Location: 19191
Vallco Parkway; APN #316-20-117)
Recommended Action: Staff recommends that the Planning Commission adopt the
Draft Resolutions (Attachments 1-3) to:
1. Find the project exempt from CEQA;
2. Approve the adoption of alternative parking standards pursuant to Municipal Code
section 19.124.060(C);
3. Approve the Development Permit (DP-2021-001);
4. Approve the Architectural and Site Approval Permit (ASA-2021-003); and
5. Approve the Tree Removal Permit (TR-2021-020).
Page 3
Planning Commission Agenda March 28, 2023
Staff Report
1— Draft Resolution for DP-2021-001
2 — Draft Resolution for ASA-2021-003
3 — Draft Resolution for TR-2021-020
4 - VP1 A12121e Office Project CEQA Guidelines Section 15183 Checklist
5 — Site Plans and Renderings (Plan sets abridged due to limitations of state law)
6 — Project Description
3. Subject: Review of the Fiscal Year 2023 - 2024 Capital Improvement Program proposal
for consistency with the City of Cupertino's General Plan.
Recommended Action: Adopt a Resolution finding that the Fiscal Year 2023 - 2024
Capital Improvement Program proposal is consistent with the City's General Plan.
Staff Report
1 - Draft Resolution
2 - General Plan Conformance Relevant Code Sections to CIP FY 22-23
3 - Proposed FY 23-24 C1P Projects
4 - Matrix of General Plan Consistency for CIP FY 23-24
4. Subject: Consider renewal of a Conditional Use Permit and CEQA exemption for an
existing mono -pine wireless communications facility (U-2011-07). (Application No:
U-2023-001; Applicant: John Merritt; Location: 22475 Rancho Deep Cliff Drive; APN:
356-02-999)
Recommended Action: That the Planning Commission adopt the proposed draft
resolution to:
1. Find that the approval of the project is exempt from CEQA;
2. Approve the Use Permit (U-2023-001)
Staff Report
1 - Draft Resolution U-2023-001
2 - Existing Site Photos
3 - Non -Ionizing Electromagnetic Radiation (NIER) Study
4 - Planning Commission Resolution 6674
5 - Public Comment
6 - Plan Set (abridged due to limitations of state law pursuant to SB1214)
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
This time is reserved for brief announcements from staff or for Commissioners to make a brief report on
his or her own activities they have taken part in related to the Planning Commission since the prior
regularly scheduled meeting.
FUTURE AGENDA SETTING
Page 4
Planning Commission Agenda March 28, 2023
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
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.
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.
Page 5
Planning Commission Agenda March 28, 2023
Page 6
STATE OF CALIFORNIA )
) SS.
CITY OF COMMUNITY DEVEIQCPUfti7"YK LA RA )
AN
PLANNING DIVISIOjV___�1cG�._._ _ «-
CITY HALL -
10300TORRE AVENUE • CUPERT NO, 95014 1 '1
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO CUPERTINO.ORG��� -,,
]Z C> _ -
IzJi1 :D THE i` Cif. :i-)A C��`v THE
BULLETIN BOAKD Af CITY HALL.
NOTICE OF C `o � I�
SIGNArU RE
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, March 14, 2023,
beginning at 6:45 p.m., is canceled. The next regular meeting will be
Tuesday, March 28, 2023, beginning at 6:45 p.m. at Council Chambers,
10350 Torre Avenue, Cupertino, CA and via teleconference.
Dated 9 March 2023.
/s/Ben-jamin Fu
Benjamin Fu, Director
Community Development
CITY OF ? `;S.
COMMUNITY DEVELOPMENT,DEPAR -MENT
PLANNING DIVISION' 7
CITY HALL
10300 TORRE AVENUE • CUPERTINO CA 95014-3255 r 1 ��
-�� 1
TELEPHONE: (408) 777-3308 •FAX: (408) 777-3333 i_: 4,1,'AL' Y` OF
CUPERTINO CUPERTINO.ORG
BULLETIN B(),,zj ) >:l C:i1'Y HALL.
NOTICE OF C h,Aft ION
CUPERTINO PLANN G _ MISSION SIC N� -\ i,U REl
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, February 28, 2023,
beginning at 6:45 p.m., is canceled. In accordance with Government
Code 54953(e), this will be a teleconference meeting without a physical
location to help stop the spread of COVID-19. The next regular
meeting will be Tuesday, March 14, 2023, beginning at 6:45 p.m. This
will be a hybrid in-person/teleconference meeting.
Dated 23 February 2023.
/s/Luke Connolly
Luke Connolly, Acting Director
Community Development
STATE OF CALI
SS.
CITY OF CUP]—
AN
L14 PLC)' 1F lY-+ OF
CUE'I:i••TINO
AGENDA
.I._% tr-
N NT, 5 fAT i ` ,,-R PEN ' OF
C U P E RTI N O PLANNING CO MMISS;I:0N1,A,r 0 N`, , I E) `
I , ) Q
G�r��Y __: SCNA.T� I:YThis will be a teleconference meet ngyvi h nodal-locat 0]UEN DA ON -i-i IE
Tuesday, Februdi*J14�2023N BOARD i-xr CITY HALL.
6:45 Pl�i
TELECONFERENCE / PUBLIC PARTICIPATIOntWtORMATION TO HELPIS�P�'IFV
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
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, February 14 to the Commission at
planningcommission(ocupertino.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:
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:
Page 1
Planning Commission Agenda February 14, 2023
Online
Please click the link below to join the webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_-eXoa4fQ7OM6Es4bGEOug
Phone
Dial: (669) 900 6833 and enter Webinar ID: 987 6086 7835 (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: 987 6086 7835
SIP: 98760867835@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.
ROLL CALL
NEW BUSINESS
1. Subject: Election of Planning Commission Chair and Vice Chair, and Committee and
other representatives
Recommended Action: Elect Planning Commission Chair and Vice Chair, make
Committee selections and adopt Hearvlg schedule for 2023.
Page 2
Planning Commission Agenda February 14, 2023
Staff Report
1 - 2023 PC Committee Assignments
2 - 2022 PC Committee Assignments
3 - Municipal Code chapter 2.32 Planning Commission
APPROVAL OF MINUTES
2. Subject: Approve the January 24 Planning Commission meeting minutes
Recommended Action: Approve the January 24 Planning Commission meeting
minutes
1 - Draft Minutes
POSTPONEMENTS - None
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 - None
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
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans for a project may make an appointment with the Planning Division to view them at City
Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during
the hearing to consider the proposal.
3. Subject: Consider a Conditional Use Permit for the concurrent sale of alcoholic
beverages and gasoline at an existing Chevron gasoline service station. (Application
No.: U-2022-006; Applicant: Steve Rawlings on behalf of Chevron Stations; Location:
11010 N De Anza Blvd; APN# 309-42-041)
Recommended Action: That the Planning Commission adopt the proposed draft
resolution (Attachment 1) to:
1. Find the project exempt from CEQA; and
2. Approve the Conditional Use Permit (U-2022-006)
Page 3
Planning Commission Agenda February 14, 2023
Staff Report
1 - Draft Resolution
2 - Plan Set (Abridged due to limitations of state law)
3 - Security Plan
4 - Project Description
OLD BUSINESS
STAFF AND COMMISSION REPORTS
This time is reserved for brief announcements from staff or for Commissioners to make a brief report on
his or her own activities they have taken part in related to the Planning Commission since the prior
regularly scheduled meeting.
4. Subject: 2023 Planning Commissioners Academy
Recommended Action: Accept information on Planning Commissioners Academy
registration
1 - 2023 Planning Commissioners Academy
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
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.
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
Page 4
Planning Commission Agenda February 14, 2023
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.
Page 5
STATE OF CALIFO� iA )
191 CITY OF CUPERTINTY OF
) SS.
i, k-en _rd_,,0t,"da , AN
AGENDAEN-iPLOY EE OF T E CITY OF CL1Pi V.!-'NO
_CA D r7l PA R -
N ENT, T TE L"�'� '-iZ PEN,�A,�LT�Y OF
CUPERTINO PLANNING COMI I���ONTKA,r o, ; ,n� r _ Z,zl
This will be a teleconference meeting t qa .ton- G EN ; A F
Tuesday, January 2J4�'riN BC'.=� ,_ C t l'�i"
6:45 PM
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
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, January 24 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:
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:
Page 1
Planning Commission Agenda January 24, 2023
Online
Please click the link below to join the webinar:
https://cityofcupertino.zoom.us/webinar/register/WN_vs-FaoIOTTS1vBr_yg8pLA
Phone
Dial: (669) 900 6833 and enter Webinar ID: 914 3382 4874 (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: 914 3382 4874
SIP: 91433824874@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.
ROLL CALL
APPROVAL OF MINUTES
1. Subject: Approve the December 13 Planning Commission meeting minutes
Recommended Action: Approve the December 13 Planning Commission meeting
minutes
1 - Draft Minutes
Page 2
Planning Commission Agenda January 24, 2023
POSTPONEMENTS - None
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 - None
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
Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of
copyrighted material associated with the review of development projects. Members of the public wishing
to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the
Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans
will also be made available digitally during the hearing to consider the proposal.
2. Subject: Consider an appeal of Condition of Approval no. 16: Grading and Construction
Hours and Noise Limits of the Director of Community Development's approval of two,
Two -Story Permits to allow two new two-story residences on adjacent properties.
(Application Nos.: R-2022-015 and R-2022-016; Applicant: Mike Chen; Property Owner:
Tracy Hsu; Appellants: James Quinn; Location: 11226 Bubb Road; APN# 362-06-036)
Recommended Action: Conduct a public hearing and adopt a resolution (Attachment
1) denying the appeal and upholding the Director's decision to approve the
applications.
Staff Report
1 - R-2022-015 and R-2022-016 Draft Resolution
2 - R-2022-016 Action Letter
3 - R-2022-015 Action Letter
4 -11226 Bubb Road Appeal Form (J. Quinn)
5 - R-2022-016 (Lot A) Partial Plan Set 10 of 18 Sheets
6 - R-2022-015 (Lot B) Partial Plan Set 11 of 19 Sheets
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Page 3
Planning Commission Agenda January 24, 2023
This time is reserved for brief announcements from staff or for Commissioners to make a brief report on
his or her own activities they have taken part in related to the Planning Commission since the prior
regularly scheduled meeting.
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
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.
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 agendalminutes 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
Page 4
Planning Commission Agenda January 24, 2023
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.
Page 5
CITY OF
CUPERTINO
COMMUNITY DEVELOPMENT DEPARTMENT
PLANNING DIVISION
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333
CUPERTINO.ORG
NOTICE OF CANCELATION
CUPERTINO PLANNING COMMISSION
NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino
Planning Commission scheduled for Tuesday, January 10, 2023,
beginning at 6:45 p.m., is canceled. The next regular meeting will be
Tuesday, January 24, 2023, beginning at 6:45 p.m. In accordance with
Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
Dated 5 January 2023. )
ST,'ViE OF CALII-s_ =�
)SS.
CO NTY• OAN�p
s/Luke ConnollyMf CUPERTINOE�YLE OFT��tCITY OF
Luke Connolly, Acting Director 1 uz D E r rk R r
Community Development MENT, FAF E t `; .R P LT Y OF
PEWURY THAT ON �DAFE) N�
(TIME) L �. , I P E''90NALLY
POSTED THEN _ TIC:E/AGENDA ON TIIE
BULLETIN BOARD AT CITY HALL.
A E SIGNATURE