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HomeMy WebLinkAboutPlanning Commission - 2021STATE OF CALIFORNIA C UPERTINO This will be Tel SiGNA7I' URE TELECONFERENCE / PUBLIC PARTICIP ATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public w"shing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, September 14th to the Commission at planningcommission@cupertino.org. These e-mail comments will be received by the Commission members before the meeting and posted to the City's website after the meeting. 2) E-mail comments during the times for public comment during the meeting to the Commission at planningcommission@cupertino.org. The staff liaison will read the emails into the record, and display any attachments on the screen, for up to 3 minutes (subject to the Chair's discretion to shorten time for public comments). Members of the public that wish to share a document must email planningcommission@cupertino.org prior to speaking. 3) Teleconferencing Instmctions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Page I Oral public c6m'ffii'rits'v#ill b6 accepted aur,mg the teleconference meeting. Comments may ,b6 -made ' during "5raIg' communications'< fo} matters not on the agenda, and during the To address thffi Commission, cliik aon. the lick below to register in advance and access the Online Please click the ,J,,i,.,-.be.:low to join the webinar: "- 'http-s://cityofcupertino.zoom.us/webinai/regiffter/WNeg4AKaBgTxeLiUoUBkIcYQ Phone Dial 669-900-6833 and enter Webinar ID: 988 4965 3412 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 988 4965 3412 SIP: 98849653412@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or coruiect to the meeting in your internet browser. If you are using your browser, make sute 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 Iimit your remarks to the time allotted and the specific agenda topic. Page 2 Planning Commission Agenda September 14, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL APPROV AL OF MINUTES 1.$: Draft Minutes of June 22, 2021 Recornrnended Action: Approve or modify the Draft Minutes of June 22, 2021 1. Draft Minrites 6-22-21 2.$: Draft Minutes of August 10, 2021 Recommended Action: Approve or modify the Draft Minutes of August 10, 2021 1. Draft Minrites 8-10-21 3.$: Draft Minutes of August 24, 2021 Recommended Action: Approve or modify the Draft Minutes of August 24, 2021 1. Draft Minutes 8-24-21 POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State Law will prohibit the Commission from making any decisions roith respect to a matter riot orx the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR that(ess there are separate discussiorts and/or actions requested by council staff or a member of the public, it is requested that items tmder the Consent Calendar be acted on simudtarxeously. PUBLIC HEARINGS Page 3 Planning Commission Agenda September 14, 2021 Consider amendments to Cupertino Municipal Code Sections 19.56.030 (Table 19.56.030i, 19.56.030F, 19.56.040, and Table 19.56.040A and the addition of Section 19.56.080 (Density Bonus Ordinance) to allow density bonuses and other incentives as provided by state law and also to add a subsection in Section 19.56.040 providing additional incentives for affordable housing and a new Section 19.56.080 providing that the Density Bonus Ordinance wilI be interpreted consistent with state density bonus law. (Application No: MCA-2021-003; Applicant: City of Cupertino; Location: Citywide. Recommended Action: That the Planning Commission adopt the draft resolution (Attaaunerrt 1) recommending that the City Council: 1. Find the actions exempt from CEQA; and 2. Adopt amendments to Cupertino Municipal Code Sections 19.56.030 (Table 19.56.030) 19.56.030F, and Table 19.56.040A to allow for density bonuses and other incentives as provided by state law; and to add a new Section 19.56.080 providing that the Density Bonus Ordinance wiII be interpreted consistent with state density bonus Note that the language providing additional incentives is not being proposed at this time. 1 - Draft Resolution 2 - HCD Letter to Cupertino Regarding AB 2345 05 03 21 not opened until 05 06 21 3 - Incentives for Affordable Housing 4 - Neighboring Cities Incentives and Waivers OLD BUSINESS NEW BUSINESS ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you challenge the actiort of the Platming Commission in court, you may be limited to raising oardy those issues you or someone else raised at the public hearirtg described'm this agenda, or in written correspondertce delivered to the City of Cupert'mo at, or prior to, the public hearing. In the event an action takert by the Planning Commissiort is deemed objectionab7e, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date d the Commission's decisiort. Said appeal is filed with the Cih) Clerk (Ordirtance 632). Irt compliance with the Americans with Disabilities Act (ADA), anyone who is p7annirtg to attertd this teleconferertce meet'mg who is visually or hearirtg impaired or has arty disability that needs special assistance should cal1 the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of the Page 4 Planning Commission Agenda September 14, 2021 meeting to arrartge for assistance. In addition, upon request, in advance, by a person with a disabilih), meeting agendas and roritings distributed for the meeti;ng that are public records roi77 be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Haming Commissiort after publication of the packet zoill be made ava'dab7e for public inspection in the Commtmity Development Department 7ocated at Cih) Hall 10300 Torre Avenue, Cupertino, California 95014, dur'mg normal business hours; and in P4amrting packet archives Linked from the agenda/m'mutes page 072 the Cupertino web site. IMPORTANT NOTICE: P7ease be advised that pursuant to Cupertino Murticipal Code section 2.08.l00zoritten communicatiorts sent to the Cupertino City Council Commissioners or City staff concerning a matter on the agenda are irtcluded 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 riot include arty personal or private information in written communications to the City that you do not wish to make public, as zoritten communications are corxsidered public records and will be made publicly available on the City website. yembers of the public are entitled to address the P4anning Commission concerrt'mg arty item that is described'm the notice or agenda for this meeting, before or dur'mg consideration of that item. If you wish to address the Planning Commission 072 any issue that is on this agenda, please complete a speaker request card Located in frortt of the Commission, artd deliver it to the City Staffprior to discussiort of the item. W7zert you are called, proceed to the podium and the Chair will recognize you. If you roish to address the Plam'ting Commission on any other item riot on the agenda, you may do so by during the public comment portion of the meetirxg following the same procedure described above. Please Limit your commeryts to three (3) m'mutes or Less. For questions on any items in the agertda, or for documents related to any of the items on the agenda, contact the Plarming Department at (408) 777 3308 or plannirtg@cupertino.org. Page 5 Teleconference M(;eting TELECONFERENCE / PUBLIC PARTICIPA'Jj:l.4Qi84FURMA'I'I0 0 I STQI? THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Otder No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to obsewe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, August 24th 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 duting the times for public comment duting 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 Instnictions Members of the public may obsetve the teleconference meeting or provide oral public Page I AgendaPlanning Commission eomients as follois: Oral public comments will be accepted durir4g 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. August 24, 2021 To address the Commission, click on the link below to register in advance and access the meeting: Online P l e a s e c li c k t h e li n k b e I o w t o j o i n t h e w e b i n a r : https://cityofcupertino.zoom.us/webinar/register/WNqFlqc8ZOQLO-sJuGPPolMw Phone Dial 669-900-6833 and enter Webinar ID: 912 0270 1094 (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.:Ll (US West) 162.255.36.11 (US East) Meeting ID: 912 0270 1094 SIP: 91202701094@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. Page 2 Planning Commission Agenda August 24, 2021 4. When called, please limit your remarks to the time allotted and the specific agenda topic. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALt POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meet'mg is reserved for persons wishing to address the Commission O?'l aryy matter within the jurisdictiort of the Commission and not on the agenda. Speakers are limited to three (3) minutes. Irx most cases, State law zoill prohibit the Commission from makirtg any decisiorts with respect to a matter not orx the agenda. WRITTEN COMMUNICATIONS CONSENT CAtENDAR lIrdess there are separate discussions and/or actions requested by commission, staff or a member of the public, it is requested that items wder the Consent Calendar be acted 07? simtdtaneously. STUDY SESSION 1.Study Session to provide an update on the Pre-Approved Accessory Dwelling Unit Program and Accessory Dwelling Unit implementation. Recornrnended Action: That the Planning Commission receive the presentation and provide comments. 1. Steps to a Completed ADU Handout 2. ADU FAOs handout PUB[IC HEARINGS - NONE OLD BUSINESS - NONE NEW BUSINESS - NONE ST AFF AND COMMISSION REPORTS Page 3 Planning Commission Agenda August 24, 2021 ADJOURNMENT If you challertge the action of the P7anning Commission 'm court, you may be limited to raisirzg ortly those issues you or someorte else raised at the public hearing described in this agenda, or inwritten correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Plarming Commission is deemed objectiortable, the matter may be officially appealed to the City Council in writing withirt fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (Ordinartce 632). by compliance with the Americarts with Disabilities Act (ADA), anyorte who is planrting to attertd this teleconference meeting who is visually or hear'mg impaired or has any disability that needs special assistance should ca[r the City C(erk's Office at 408-777-3223, at 7east 48 hours in advance of the meetirxg to arrange for assistance. Irx addition, ;U)!;107? request, in advance, by a person with a disab'dity, meeting agendas and writ'mgs distributed for the meeting that are puMic records wil7 be made ava'dab7e in the appropriate alternative format. A77!:!/ writings or documents provided to a majori'ty of the Plarming Commission after puMication of the packet will be made available for public inspection in the Community Devedopment Department located at City Ha11, 10300 Torre Avertue, durirtg normal business hours and in Plarming packet archives Linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communicatio;ns sent to the Cupertino City Council Commissioners or City staff cortcern'rtg a matter 072 the agenda are included as supplementa7 material to the agendized item. These written communications are accessi'Me to the public through the City's website arid kept in packet archives. You are hereby admortished rxot to include any personal or private i;nformatiort'm written commurtications to the City that you do not zoish to make public; doirtg so shall constitute a waiver of any privacy rights you may have tm the information provided to the City. Members of the public are entitled to address the Planning Commission concerning any item that is described'm the rtotice or agenda for this meetirtg, before or durirtg cortsideration of that item. If you wish to address the Plannirtg Commission 072 any issue that is 071 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. W7zen you are ca(Led, proceed to the podium and the Chair w'd7 recognize you. If you wish to address the Plarming Commissio;n on any other item not 072 the agenda, you may do so by durirtg the public comment portion of the meeting following the same procedure described above. Please limit your commertts to three (3) minutes or (ess. For questiorts on any items in the agenda, or for documents related to arty of the items on the agenda, contact the P7anrtirtg Department at (408) 777 3308 or p(anrtirtg@cupertino.org. Page 4 Planning Commission Agenda Page 5 August 24, 2021 CITY OF CUPERTINO CUPERTINO ) SS. O'.F SANTA CLARA ) P P !'3ECITY OF CUPERTINO D THE NOT CE/A, NDA !J'4 THE I-IALL. Tel TELECONFERENCE / PUBtIC PARTICIPATI RMA ON O HELP STOP THE SPREAD OF COVID-19 DATF,SiGiNAi' URE In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19, Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed Iive on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, August 10th 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 Instt'uctions Members of the public may obsetve the teleconference meeting or provide oral public comments as follows: Page I Planning Commission Agenda August 10, 2021 O\ll public comm,.epts,,,Hillb,l@,aq.c Hq34,4,ylr,,rig the teleconference meeting. Comments may To address the Commissioff,i-click ori.t'He4atk below to register in advance and access the Please click the lirik below to'joinfhe webiffar: https://cityofcupertino.zoom.us/mebinax/regjster/WNIP8X-aw8SYmdIflGhAtNOQ Dial 669-900-6833 and enter Webinat'I'D:4)33 5527 1753 (Type *9 to raise hand to speak) Unregistered participants will be called on by the last four digits of their phone number. Ot an H.323/SIP room system: H.323: 162.255.37.11 (US West) 162.255.36.11 (US East) Meeting ID: 933 5527 1753 SIP: 93355271753@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. Page 2 Planning Commission Agenda August 10, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL APPROV AL OF MINUTES 1.$: Draft Minutes of June 22, 2021 Recommended Action: Approve or modify the Draft Minutes of June 22, 2021 1- Draft Minutes 2.$: Draft Minutes of July 27, 2021 Recommended Action: Approve or modify the Draft Minutes of July 27, 2021 1- Draft MInutes ORAL COMMUNICATIONS This portiorx of the meeting is reserved for persons wishing to address the Commission on arty matter withirt the jurisdiction of the Commissiort and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State Law wil7 prohibit the Commission from making any decisions with respect to a matter riot 07? the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR thatless there are separate discussions and/or actions requested by cotmcil staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS 3.$: Consider amendments to Cupertino Municipal Code Sections 19.56.030 (Table 19.56.030), 19.56.030F, 19.56.040, and Table 19.56.040A and the addition of Section 19.56.080 (Density Bonus Ordinance) to anow density bonuses and other incentives as provided by state law and also to add a subsection in Section 19.56.040 providing additional incentives for affordable housing and a new Section 19.56.080 provid3rrg that the Density Bonus Ordinance will be interpreted consistent with state density bonus law. (Application No: MCA-2021-003; Applicant: City of Cupertino; Location: Page 3 Planning Commission Citywide.) Agenda August 10, 2021 Recommended Action: That the Planning Cornrnission adopt the draft resolution recommending that the City Council: 1. Find the actions exempt from CEQA; and 2. Adopt amendments to Cupertino Municipal Code Sections 19.56.030 (Table 19.56.030) 19.56.030F, and Table 19.56.040A to allow for density bonuses and other incentives as provided by state law; to add a new subsection in Section 19.56.040 providing additional incentives for affordable housing; and to add a new Section 19.56.080 providing that the Density Bonus Ordinance will be interpreted consistent with state density bonus law. Staff report.docx 1 - Draft Planning Commission Resolution and Ordinance 2 - Letter dated May 3, 2021 from Department of Housing and Community Development 3 - City Incentives for Affordable Housing OLD BUSINESS NEW BUSINESS ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTINGS ADJOURNMENT If you challenge the action of the r4atm'mg Commission in court, you may be Limited to raising ordy those issues you or someone else raised at the public heari;ng described in this agertda, or irt written correspondence de7ivered to the City of Cuperti;no at, or prior to, the public heariryg. Irt the event an action taken by the Plannirtg Commission is deemed objectionable, the matter may be officially appealed to the City Council in writiryg within fourteen (14) days of the date of the Commission's decision. Said appeal is fixed with the City Clerk (Ordinance 632). fry compliance with the Americans with Disabilities Act (ADA), artyone who is plartrting to attertd this teleconference meetirtg who is visually or hearing impaired or has any disability that needs specia7 assistance shotdd call the City Clerk's Office at 408-777-3223, at Least 48 hours in advance of the meetirtg to arrange for assistarxce. Irt addition, upon request, irt advance, by a persort with a disab'dity, meeting agendas and writings distributed for the meetirtg that are public records will be made available i;'t the appropriate alterrtative format. Any writings or documents provided to a majority of the P)arming Commission after publication of the packet wiu be made available for public inspection irt the Communi'h) Development Department located at City Hall, 10300 Torre Avenue, during norma7 business hours and in Plaming packet archives Page 4 PlanningCommission ' Agenda l'mked from the agenda/minutes page on the Cupertino web site. August 10, 2021 IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council Commissioners or City staff concerning a matter 07? the agenda are'mcluded as supplementa7 material to the agendized item. These written communications are accessible to the public through the Cih)'s website and kept in packet archives. You are hereby admonished not to include any personal or private informatiort in written commu;nications to the City that you do not wish to make public; doing so shal7 constitute a waiver of any privacy rights you may have on the irtformation provided to the City. Members of the public are entif-Led to address the Plannirtg Commission concerrting any item that is described in the notice or agenda for this meeting, before or dur'mg consideration of that item. If you wish to address the Planning Commission on any issue that is 072 this agenda, please complete a speaker request card located irt fro;nt of the Commission, and dediver it to the City Staff prior to discussion of the item. W7'xen you are called, proceed to the podium and the Chair will recogrtize you. If you wish to address the Planning Commission on any other item not on the agenda, you may do so by durirtg the public comment portion of the meeting following the same procedure described above. Please 7imit your comments to three (3 ) miryutes or Less. For questions on arxy items in the agenda, or for documents related to any of the items ort the agenda, contact the Planning Department at (408) 777 3308 or p7arming@cupertino.org. Page 5 CUPERTINO CITY OF CUPERTINO STATE OF CALIFORNIA AGEl46nry 9p,lSAl'iTA CLARA PI,ANNING C :QA a G IN'ON DEPART- '12,1 Teleconference 'f' H'XLLa SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19, Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, July 27th 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 Instmctions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Page I Planning Commission Agenda July 27, 2021 ,Ora! p,ublic.comments-will be'accepted '$r% the teleconference meeting. Comments may it, be made durirNg "oral communi'cations" forj;natters 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: al Online Please click the link below to join the webinar: .,..https://cityofcupertino.zoom.us7WeHrffQ/r:-@jpter/WNFlnavAp8TayY5ij2T6ylMw Phone Dial 669-900-6833 and enter Webinar ID: 928 2428 8021 (Type *9 to raise hand to speak) Unregistered participants will be called on by the Iast 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: 928 2428 8021 SIP: 92824288021@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instnuctions carefullya 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 Page 2 Planning Commission topic. Agenda July 27, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CA[L APPROV AL OF MINUTES 1. POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for perso;ns wishing to address the Commission on any matter withi'n the jurisdiction of the Commission and not on the agenda. Speakers are Limited to three (3) minutes. 17? most cases, State Law wiu prohibit the Commission from making any decisions with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CAJLENDAR u;nless there are separate discussions and/or actions requested by cotmcil staff or a member of the public, it is requested that items under the Consent Calendar be acted 072 simultaneously. PUBLIC HEARINGS 2.3: Consider recommending approval of a Vesting Tentative Map to replace a previously approved Vesting Tentative Map (TM-2018-03) for the Westport Cupertino development project to create a separate parcel for the age restricted senior below market rate building. City approval would be a Vesting Tentative Map; (Application No(s): TM-2021-002; Applicant(s): KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN #326-27-042, -043) Page 3 Planning Commission Agenda July 27, 2021 Recommended Action: That the Planning Commission, consider the evidence presented and determine whether the project can be recommended for approval in accordance with the draft resolution (Attachment 1) approvmg the Vesting Tentative map (TM-2021-002) (Continued from the June 22, 2021 Planning Commission meeting) Staff Report 1 - Draft Resolution for TM-2021-002 2 - Project Plans 3 - Letter from Mike Kelly, The Pacific Company, to the Planning Commission, titled Westport Cupertino - Parcel Requirement, dated June 28, 2021. 4 - Letter from Mark Tersini, KT Urban, to tlie Planning Commission, titled Westport Project Tentative Map Application No: TM-2021-002, dated Tune 28, 2021. 5 - Memorandum from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark Tersini, KT Urban, titled Westport Cupertino - Transportation Analysis, dated November 27, 2018. 6 - Memorandum from Frederick Venter, P.E. of Kimley Horn and Associates to Mark Tersini, KT Urban, titled Westport Cupertino - Alternative Proposal: Trip Generation Corporation, dated March 27, 2020. 7 - Memorandum from Frederick Venter, P.E. and Anthony Nuti, Kimley Horn and Associates to Mark Tersini, KT Urban, titled Approved Westport Trip Generation, dated June 7, 2021. OLD BUSINESS NEW BUSINESS ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you char(enge the action of the Plamzing Commission in court, you may be 7imited to raising only those issues you or someone dse raised at the public hearing described in this agenda, or in written correspondence deiivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Plaming Commission is deemed objectionable, the matter may be officially appeared to the City Counci( in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is fUed with the City Clerk (Ordi;na;nce 632). J7? complia;nce with the Americans with Disabi(ities Act (ADA), anyone who is p(anning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs specia7 assistance should call the Cih) Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. Irt addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records win be made availa'Me in the appropriate alternative format. Any writings or documents provided to a majority of the Plawing Commission after publication of the Page 4 Planning Commission Agenda July 27, 2021 packet w'dl be made available for public inspection in the Comrmmity Development Department Located at Cih) Hau, 10300 Torre Avenue, during norma7 business hours and in Planning packet archives linked from t7ie agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 2.08.100 written communications sent to the Cupertino City Council, Commissio;ners or City staff concerning a matter 07? the agenda are included as supplemental material to the agendized item. These writtert communications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to include any persona7 or private information in written communications to the Cih) that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City. Members of the public are entitled to address the Pla;tming Commissio;n co;ncerning 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 072 any issue that is on this agertda, please complete a speaker request card 7ocated in front of the Commission, and deliver it to the City Staff prior to discussion of the item. Whert you are caLled, proceed to the podium and the Chair wiu recognize you. If you wish to address the Planning Commission 07? any other item not on the agenda, you may do so by during the public comment portio'n of the meeti'rtg fouowing the same procedure described above. Ptease (imit your comments to three (3) minutes or less. For questions O?? any items in the agenda, or for documents related to any of the items O?2 the agenda, contact the P7awing Department at (408) 777 3308 or planni;ng@cupertino.org. Page 5 CITY OF CUPERTINO In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Charuiel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, March 23rd 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 Instt'uctions Members of the public may observe the teleconference meeting or provide oral public comments as follows: Page I Planning Commission Agenda Oral p, ublic comments will-be accepted.during the teleconference meeting. Comments may be-made during "oral communications" for matters not on the agenda, and during the publi( comment period for each agenda item.,a March 23, 2021 ',' o address the Commission, click on the link '6elow to register in advance and access the ,meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WNTTznbuIDTEaHZzgdkDFKzQ Phone 'Dial 669-900-6833 and enter Webi;ar ID:a956 3226 3469 (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: 956 3226 3469 SIP: 95632263469@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instnuctions 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. Page 2 Plaru'iing Commission Agenda March 23, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrarige for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Presentation and training on Commissioner Handbook approved by City Council on January 19, 2021 (postponed from the February 23, 2021 meeting) Recommended Action: That the City Clerk conduct the training on the Cornrnissioner Handbook 1- 2021 Commissioner Handbook APPROV AL OF MINUTES 2.$: Draft Minutes of February 23, 2021 Recommended Action: Approve or modify the Draft Minutes of February 23, 2021 1- Draft Minutes ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission 072 any matter within the jurisdictio;n of the Commission and not on the agenda. Speakers are 7imited to three (3) mimttes. 17? most cases, State law wil7 prohibit the Commission from mak'mg any decisions with respect to a matter not 07? the age;nda. WRITTEN COMMUNICATIONS CONSENT CALENDAR 3.2020 General Plan Annual Housing Element Progress Report (APR) Recommended Action: That the Planning Commission receive the General Plan Ar'u"iual Housing Element Progress Report (Attachment A) and provide any input to staff. 1- GP Annual Housing Element Progress Report Unless there are separate discvissio;ns and/or actions requested by cormcil, staff or a member of the public, it is requested that items rmder the Consertt Ca7ertdar be acted 07? simu7taneously. Page 3 Planning Commission Agenda March 23, 2021 PUBLIC HEARINGS 4.Appeal of the Director's approval of a Tree Removal and Replacement Permit to allow the removal and replacement of fifteen (15) live trees of various species and two (2) dead trees in several locations within the Commons at Cupertino complex. Application No(s): TR-2020-036; Appellant: Alison Mathias; Applicant(s): Evan Fuller (Grayson Cornrnunity Management Services); Location: along United Place, Freedom Dive, Patriot Way, Congress Place, and Senate Way Recommended Action: That the Planning Commission conduct the public hearing and: 1) deny the appeal and uphold the decision of the Community Development Director per the Draft Resolution Planning Commission decision final iu'iless appealed 1- Draft Resolution 2 - Arborist Report, Tree Removal and Replacement Plaii (performed by Evan Fuller) 3 - Peer Review Arborist Report dated 10/27/2020 4 - Staff Action Letter 5 - Appellant Mathias' Letter and Attachments 6 - Supplemental Peer Review Arborist Report dated 03/15/2021 O[D BUSINESS NEW BUSINESS ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you challe;nge the action of the Plamzing Commission in court, you may be limited to raising 07773/ those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence ddivered to the Cih) of Cupertino at, or prior to, the public hearing. 17? the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appeared to the Cih) Cormci7 in writing within fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the Cih) Clerk (Ordinance 632). 77? compliance with the Americans with Disabilities Act (ADA), anyo;ne who is p(anning to attend this teleconference meeting who is visually or heari'ng impaired or has any disabilih) that needs specia7 assistance short(d call the Cih) Clerk's Office at 408-777-3223, at Least 48 hours in advance of the g i t meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Page 4 Planning Commission Agenda March 23 2021 Any writings or documents provided to a majorih) of the P7aming Commission after puMication of the packet wiu be made available for public inspection in t7ie Commrmih) Development Department Located at City Hall 10300 Torre Avenue, dur'trtg normaL business hours and in Planning packet arc7iives l'mlced from the agenda/mimttes page 07? t7ie Cupertino web site. IMPORTANT NOTICE: Please be advised that pursua;nt to Cupert'mo Mrmicipal Code 2.08.100 written comrmmications sent to the Cupertino City Cormcil Commissioners or Cih) staff concerning a matter 07? tlie agenda are 'trtcluded as supplemertta7 materia7 to the agertdized item. These written comm'bmications are accessible to the public through the City's website and kept in packet archives. You are hereby admonished not to inchtde any personal or private informatio;n in written commtmications to t7ie Cih) that you do not wish to make public; do'mg so s7iaL1 constitute a waiver of any privacy rig7its you may have on the information provided to the City. Members of the public are entitled to address t7ie Planning Commissio;n concerning any item t7iat is described in the notice or agenda for this meeting, before or during consideration of t7iat item. If you wish to address the P7anning Commission 07? any issue that is 07? tliis agenda, please complete a speaker request card located i;n front of t7ie Commission, and deliver it to the Cih) Staff prior to discussion of the item. 'I/V7zert you are called, proceed to the podium and t7ie Chair will recogrtize you. If you wis7i to address the Pla;mzing Commission 07? any other item not 07? the agenda, you may do so by during the public comment portio;n of the meeting following the same procedure described above. P(ease limit your comments to three (3) mimttes 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 planni;ng@cupertino.org. Page 5 CITY OF cuPW!f'M'LIFORNIA EMPLOYEE OE T;-IE.CaY,,OF CUPERT[NO CUPERTINO PLANNING Cn4%SSIQ% ( !(5ST't) THE N rlC ENDA ON 1-K4E 6:45PM - , zULLETIN BO RD :') CiI'Y HALL. Teleconference Me'eti'rYpl S TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom's Executive Order No-29-20, this will be a teleconference meeting without a physical location to help stop the spread of COVID-19. Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 2) The meeting will also be streamed live on and online at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing comment on an item on the agenda may do so in the following ways: 1) E-mail comments by 5:00 p.m. on Tuesday, March 23rd 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: Page I Plad'ningCommissiori' - a "': (',,'7.a="",'%enda March23,2021 Oral-public comments will be accepted during the teleconference meeting. Comments may be made during "oral communications" for matters not on the agenda, and during the public comment period for each agenaa item. To address the Commission, click on the link below to register in advance and access the meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WNTTznbuIDTEaHZzgdkDFKzQ Phone li ! Dial 669-900-6833 and enter Webinar ID: 956 3226 3469 (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: 956 3226 3469 SIP: 95632263469@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 a:n email address and a name, followed by an email with instnuctions 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 IICupertino 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. Page 2 Planning Commission Agenda March 23, 2021 In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. ROLL CALL CEREMONIAL MATTERS AND PRESENT ATIONS 1.$: Presentation and training on Commissioner Handbook approved by City Council on January 19, 2021 (postponed from the February 23, 2021 meeting) Recommended Action: That the City Clerk conduct the training on the Commissioner Handbook 1- 2021 Commissioner Handbook APPROV AL OF MINUTES 2.$: Draft Minutes of February 23, 2021 Recommended Action: Approve or modify the Draft Minutes of February 23, 2021 1- Draft Minutes ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdictio;n of the Commissiort and not on the agenda. Speakers are 7imited to three (3) mimttes. b't most cases, State law wil7 prohibit the Commission from making ayiy decisiorts with respect to a matter not on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR 3.$: 2020 General Plan Annual Horising Element Progress Report (APR) Recommended Action: That the Planning Commission receive the General Plan Annual Housing Element Progress Report (Attachment A) and provide any input to staff. Staff Report 1- GP Annual Housing Element Progress Report Uyiless there are separate discussions and/or actions requested by council, staff or a member of the pub(ic, it is requested that items rmder the Consent Calendar be acted 07? simultaneous7y. Page 3 Planning Commission Agenda March 23, 2021 PUBLIC HEARINGS 4.$: Appeal of the Director's approval of a Tree Removal and Replacement Permit to allow the removal and replacement of fifteen (15) live trees of various species and two (2) dead trees in several locations within the Commons at Cupertino complex. Application No(s): TR-2020-036; Appellant: Alison Mathias; Applicant(s): Evan Fuller (Grayson Community Management Services); Location: along United Place, Freedom Dive, Patriot Way, Congress Place, and Senate Way Recommended Action: That the Plang Commission conduct the public hearing and: 1) deny the appeal and uphold the decision of the Community Development Director per the Draft Resolution Planning Commission decision final unless appealed Staff Report 1 - Draft Resolution 2 - Arborist Report, Tree Removal, and Replacement Plan (performed by Evan Fuller) 3 - Peer Review Arborist Report dated 10/27/2020 4 - Staff Action Letter 5 - Appellant Mathias' Letter and Attachments 6 - Supplemental Peer Review Arborist Report dated 03/15/2021 OLD BUSINESS NEW BUSINESS ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT If you challenge the 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'm this agertda, 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 Plarming Commission is deemed objectionab(e, the matter may be officially appeared to the City Cormcil in writing within fourteen (14) days of the date of the Commission's decisioyz. Said appea7 is filed with the City Clerk (Ordinance 632). In compliartce with the Americans zoith Disabilities Act (ADA), anyone who is plartning to attend this teleconference meeting voho is visually or hearing impaired or has ayiy disability that needs special -assistance - t meeti;ng to arrange for assistance. by addition, upon request, in advance, by a person with a disability, meeting agendas arid writings distributed for the meeting that are public records will be made availab7e 'm the appropriate alternative format. Page 4 Planning Commission Agenda March 23, 2021 Aiiy writirtgs or documents provided to a majority of the P4atming Commission after publication of the packet will be made available for public inspection irt the Community Developmertt Department located at City Hau, 10300 Torre Avenue, during norma7 busirtess hours and in Plaming packet archives 7inked from the age;t'tda/miyiutes page oyi the Cupertino roeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Mu;nicipa7 Code 2.08.100 written communications sent to the Cupertino City Cormcil Commissioriers or City staff co;ncerning a matter on the agenda are included as supplemerttal material to the agertdized item. These writteyi commtmications are accessible to the public throug7i the City's website and kept in packet archives. You are hereby admonished not to include any persona7 or private information in writtert commrmications to the City that you do not wish to make pub(ic; doing so shall constitute a waiver of any privacy rights you may have oyq the information provided to the City. Members of the public are entitled to address the r4a;tming Commission concerning any item that is described in the notice or agenda for this meeting, before or dur'mg consideration of that item. If you wish to address the P7anning Commissioyi 07? ayiy issue that is on this agertda, please complete a speaker request card Located in front of the Commission, and deliver it to tlie City Staff prior to discussion of the item. W/xert you are called, proceed to the podium and the Chair wil7 recognize you. If you wish to address the P4anning Commission on aryy other item not on the agenda, you may do so by during the pub(ic comme;nt portion of the meeting forlowing the same procedure described above. P4ease Limit your commertts to three (3) minutes or less. For questions ort any items in the agenda, or for documents related to any of the items on the agenda, contact the P4amzing Departmertt at (408) 777 3308 or playmiyig@cupertino.org. Page 5 CITY OF CUPERTINO AGENDA CUPERTINO PLANNING COMMISSION This will be a teleconference meeting with no physical location Tuesday, December 13, 2022 6:45 PM Amended on 12/9/2022 at 9:55 a.m. to update Item No. 2 subject and recommended action on the agenda to match the subject and recommended action in the staff report. TELECONFERENCE / PUBLIC PARTICIP ATION 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, December 13 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). Membets 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 Page I Planning Commission Agenda December 13, 2022 meeting: Online Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinar/register/WN2nPlyJmjRiagSIsFqFreYQ Phone Dial: (669) 900 6833 and enter Webinar ID: 974 5670 9937 (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: 974 5670 9937 SIP: 97456709937@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 APPROV AL OF MINUTES 1. $: Approve the November 10 Planning Commission special meeting minutes Page 2 PlanningCommission Agenda Decemberl3,2022 Recommended Action: Approve the November 10Planning- Commission special meeting rnjnutes 1- Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portiorx of the meeting is reserved for persons roishing to address the Commission on any matter within the jurisdiction of the Commission and not ory the agenda. Speakers are rimited to three (3) minutes. In most cases, State la'io wil7 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 cotmcil, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS O[D BUSINESS NEW BUSINESS 2.2022 Review of General Plan Annual Report/Implementation Plan Recommended Action: Provide direction on the General Plan Annual Report/Implementation Plan. 1- Draft 2022 GP Annual Report ST AFF AND COMMISSION REPORTS This time is reserved for brief armouncements from staff or for Commissioners to make a brief report on his or her ozon activities they have taken part in related to the Plannirtg Commission sirtce the prior regularly scheduled meetirtg FUTURE AGENDA SETTING ADJOURNMENT If you challenge the action of the Hanning Commission in court, you may be limited to raising ordy those issues you or someone else raised at the public hearing described'm this agertda, or irt written correspondence delivered to the Cih) of Cupertino at, or prior to, the public hearing. In the event an action takert by the Plarm'mg Commission is deemed objectiortable, the matter may be officially appealed Page 3 Planning Commission Agenda December 13, 2022 to the Cih) Council in writiryg roithin fourteen (14) days of the date of the Commission's decision. Said appeal is filed with the City Clerk (Ordinance 632). by compliartce zoith the Americans roith Disabilities Act (ADA), anyone who is planning to attertd this meeting who is visually or hearing impaired or has any disabi7ih) that needs special assistance should ca77 the City Clerk's Office at 408-777-3223, at least 48 hours irt advance of the meeting to arrange for assistance. by addition, upon request, in advance, by a person roith a disability, meeting agendas and writ'mgs distributed for the meeting that are public records 'xoiu be made available in the appropriate alterrtative format. Any writings or documents provided to a majority of the Pla;nni;ng Commission after publication of the packet will be made available for public inspectiory in the Commtmity Development Department Located at City Hall 10300 Torre Avenue, Cupertino, Califorrtia 95014, during normal business hours; and in Planning packet archives linked from the agenda/minutes page on the Cupertino web site. IMPORTANT NOTICE: P4ease be advised that pursuant to Cupertino Murticipal Code section 2.08.100 written communicatiorts sertt to the Cupertino Cih) Council Commissioners or Cih) staff concerning a matter ort the agenda are included as supplemental materia7 to the agendized item. These written communications are accessible to the public through the City's website and kept in packet archives. Do riot include a;+'iy persona7 or private i4ormation in zoritten communications to the City that you do not wish to make public, as written communications are corxsidered public records and zoill be made public7y available ort the City website. Members of the public are entitled to address the r4ann'mg Commission concerning arty item that is described in the notice or agenda for this meetirtg, before or during consideratiort of that item. If you wish to address the Plartrting Commission 072 any issue that is on this agenda, please complete a speaker request card located'm front of the Commission, and deliver it to the City Staff prior to discussion of the item. W7zen you are called, proceed to the podium and the Chair wiu recognize you. If you zoish to address the Planning Commission 072 arty other item not on the agenda, you may do so by dur'mg the public comment portion of the meeting following the same procedure described above. Please Limit your comments to three (3) minutes or 7ess. For questions on any items in the agenda, or for documents related to any of the items ort the agenda, contact the Plarm'mg Department at (408) 777 3308 or plarming@cupertino.org. Page 4 I CONDUCT OF BUSINESS The Chair is the presiding officer of the Planning Commission. Any memberofthe 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 orprovidecomments. FLOWCHART FOR HEARING ITEMS: i Chaagrenntoraodituecmes 1 vciosimtsmorssouotnseidrsecroempom"unaincyatison's. l mrecommenda,on g l / Applicant or / For appeals of approvals, the / Appellantmakes / 4__1 applicantmayrespondto / presentation / l appellantspresentation. I / (up to 10 mins.) / i ' I %i Chairinvites membersof <--l speavers raise their hands in I the public to speak about i Zoom and are allowed up to 3 ' the agenda item i minutes per individual. i Commissioners may ask I i questions ofspeakers. l'+j taoprpe,s,pa0nnUdatpoppeul,abn,t ,__l Commissionersaskquestions. 'l Chair Invites l I ( Chair closes the "\ hearing ) l Commission holds initial " discussions and/or a Commissioner I I ."fC:-ommission makes a motion and obtains a ' votes on the secon' agenda 'fam The Commission then discusses and deliberates on the motion(s) and III 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. 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.orH, or you can purchase the items on CD. PLANNING COMMISSION DECISION In the event an action taken by the Planning Commission isdeemed objectionable, the matter maybe officially appealed to the City Council in writing within fourteen (14) days ofthe 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 THE COMMISSION All Commissioners: PlanningCommission@cupertino.org Steven Scharf SScharf@cupertino.org Muni Madhdhipatla MMadhdhipatla@cupertino.org Sanjiv Kapil SKapil@cupertino.org Vikram Saxena VSaxena@cupertino.org R "Ray" Wang RWang@cupertino.org Planning Department Planning@cupertino.org City Hall 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 I The City Channel broadcasts City Council and Planning Commission meetings, as well as agenda previews, public serviceannouncements,andotherprogramsofcommunityinterest,onChannel26inCupertino. Themeetings 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". 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. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) General Information and Comments (408) 777-CITY 'I City of Cupertino Community Development Building Division (408) 777-3228 City of Cupertino Community Development Code Enforcement (408) 777-3182 ' Fire (Emergency) Santa Clara County Fire Dept. dispatch 911 Fire (Non-Emergency) Santa Clara County Fire Dept. (408) 378-4010 I Garbage RecologySouthBay (408)725-4020 Gas & Electricity Pacific Gas & Electric (PG&E) 1-800-743-5000 Parks& Recreation QuinlanCommunityCenter (408)777-3120 Police (Emergency) Santa Clara CountySheriffdispatch 911 Police (Non-Emergency) Santa Clara CountySheriff (408) 868-6600 Public Health Santa Clara County Public Health (408) 732-3720 SanitaiySewers CupertinoSanitaryDistrict (408)253-7071 Water SanJoseWater (408)279-7900 ' CaliforniaWater (650)917-0152 ....._._._..._......_..._._..__.._.._..............._.._..........-.-...-..-.._....._.... ............_..__._._..._...._........ ........-...--......-...........-...-................................................................................_..A...... 6:45ffi 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, September 27 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 "opal communications" for matters not on the agenda, and during the public comment pe'riod for each agenda item. To address the Commission, click on the link below to register in advance and access the meeting: Page I " .: -' a 4ndaPlarming Commission l Online .-. Please click the link below to join the webinar: https://cityofcupertino.zoom.us/webinat/'register/WNQbZ6MJKjShyQ6t9tliIbA September 27, 2022 Phone Dial: (669) 900 6833 and enter Webinar ID: 930 4069 9194 (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: 930 4069 9194 SIP: 93040699194@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 APPROV AL OF MINUTES 1. $: Approve the September 13 Plaivg Cornrnission minutes Recornrnended Action: Approve the September 13 Planning Commission miiiutes 1- Draft Minutes Page 2 Plai'ining Commission Agenda September 27, 2022 POSTPONEMENTS ORAL COMMUNICATIONS This portiort of the meeting is reserved for persoyxs zoishing to address tlie Coinmission on aryy matter within the jurisdiction of the Commission and rtot on the agenda. Spea7cers are Limited to three (3) mirtutes. Irx most cases, State law will prohibit t7i.e Commission froin making any decisioyis with respect to a matter rxot on the agenda. WRITTEN COMMUNICATIONS CONSENT CALENDAR Urdess there are separate discussioyzs and/or actions requested by courtcil, staff or a member of the puMic, it is requested tJiat items uyxder t7ie Corysertt Calendar be acted 07? sinw.ltaneously. PUBLIC HEARINGS 2.Hillside Exception reqriest to consider the removal and replacement of ai existiiig 2,660 sq. ft. exterior deck and proposed expansion of 860 sq. ft., resulting in a 3,250 sq. ft. exterior deck on slopes greater thaii 30% of an existing hillside residence (Application no. EXC-2022-001); Applicant: Rajendra Shah; Location: 22332 Regiiart Road: APN: 366-39-005 Recommended Action: That the Planniiig Commission adopt the proposed draft resolution to: 1. Fiiid the project exempt from CEQA; and 2. Approve the Hillside Exception (EXC-2022-001) (Attaent 1) 1 - Draft Resohition 2 - EXC-2022-001 Project Plaiis 3 - Visibility Analvsis OLD BUSINESS NEW BUSINESS 3.$: Cancellation of the November 8 Plaitning Commission regular meeting and proposal of Planimig Commission special meeting date Recornrnended Action: That the Planning Commission caiicel the November 8 regular meeting due to elections and corJirm qriorum for a special meeting. ST AFF AND COMMISSION REPORTS FUTURE AGENDA SETTING Page 3 Planning Commission Agenda September 27, 2022 ADJOURNMENT If you. challenge t7i.e action of the Playming Commission'm court, you may be limited to raising ondy tliose issues you or someoyze else raised at the public hear'trtg described i'tz this agenda, or in zorittery correspoyidence delivered to the City of Cupertino at, or prior to, the public Jiearing. hat the event an action talcen by tlie Planniyzg Commission is aeemed objectionable, the matter may be officially appeared to the City Counc'd in writirtg with'm fourteen (14) days of the date of t7ie Commissiort's decision. Said appeal is filed with the City Clerk (Ordinance 632). by compliance roith the Americayxs with Disabilities Act (ADA), anyone w7io is playming to atteyid t7iis meeting who is visually or hearing impaired or has aiiy disability that'ixeeds special assistayxce s7iould call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meet'mg to arrartge for assistance. In addition, upon request, in advance, by a persort r.oith a disability, meetirtg agendas and writings distributed for tlie meeting that are public records zoill be made available in the appropriate alter;native format. Any writings or documents provided to a majority of the Plarmirtg Commission after publication of the paclcet will be made availabLe for pub)ic'mspection in the Community Devedopment Department located at City Ha'Ll, 10300 Torre Avenue, Cupertino, Califorrtia 95014, during normal business hours; and in Plann'mg packet archives linked from the agenda/m'mutes page 072 the Cupertino zoeb site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code sectio'iz 2.08.100 written communications sent to the Cupertino City Courtcil, Commissioners or City staff concer'iiing a matter 07'l the agenda are 'mcluded as supp7ementa7 material to the agendized item. These writterx comnumications are accessible to the pub7ic through the City's website and kept in packet archives. Do not include any personal or private information in written communications to tlie City that you do not wish to make puMic, as zoritten communications are considered public records and roill be made publicly avai7able on the City zoebsite. Members of the public are entitled to address t7ie Plarynirtg Commission concerrv'mg any item that is described in tlie notice or agertda for this meeting, before or during consideratiort of that item. If you wish to address the Playying Commissiory on any issue that is on this agenda, please complete a speaker request card Located in froryt of the Commission, and deliver it to the City Staff prior to discussioyi of the item. en you are called, proceed to the podium and the Chair v.oill recognize you. If you wish to address the Plarming Commission on any other iteyn riot 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 o'ii any items 'm th.e agenda, or for documeyxts related to arty of the items 07? the ageyzda, contact the Planning Department at (408) 777 3308 or plarming@cupertino.org. Page 4