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HomeMy WebLinkAboutPlanning Commission - 2024CITY OF ' [A. CUPERTINO .�.. jRNTA ) ) SS. Y OF SAN � � ) , AN COMMUNITY DEVEtCAAI@RIT' W'W N�{J I�[Y OF CI-T R TINO PLANNING DIVISION- ��.I'�, `� la N i; IF CITY HALL I'� F.l L�1 10300TORRE AVENU CUFERTIN C 255 7 Ei O. -- - TELEPHONE: (408) 777 330y8; ! f,AX: (408j 777-3333 .; i i IE CUPERTINO.ORG BULLETIN B0,-iy1:i-; L 11'V IIAL.L. DAI'L SiGNA-FURE NOTICE OF CANCELLATION CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, December 24, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference, is cancelled. Dated this 191h day of December, 2024. /s/Benjamin Fu Benjamin Fu, Director Community Development �Zi. 19ss AGENDA OF THE CUPERTINO PLANNING COMMISSION Tuesday, December 10, 2024 Televised Regular Meeting (6:45) PLANNING COMMISSION DAVID FLING, CHAIR SEEMA LINDSKOG, VICE CHAIR MUNI MADHDHIPATLA, COMMISSIONER TEJESH MISTRY, COMMISSIONER STEVEN SCHARF, COMMISSIONER CITY OF CUPERTINO AGENDA CUPERTINO PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, December 10, 2024 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 5:00 p.m. on Tuesday, December 10 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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at Page 1 Planning Commission Agenda December 10, 2024 the podium or email the document to planningcommission@cupertino.gov by 5:OOp.m. Documents received by email will be posted to the City website after the meeting. Please limit your comments to three (3) minutes or less. 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: https://cityofcupertino.zoom.us/webinar/register/WN_viXLRO2V'TIWzw6FsLM5dGQ Phone Dial: 669-900-6833 and enter WEBINAR ID: 947 7330 4158 (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: 947 7330 4158 SIP: 947733041580zoomcrc.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 Page 2 Planning Commission Agenda December 10, 2024 you are calling in, press *9. Speakers will be notified shortly before their turn to speak. 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approval of October 8, 2024 Planning Commission Minutes Recommended Action: Approve October 8, 2024 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. 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: Zoning Map Amendment for Priority Housing Site No. 24 in the 6th Cycle Housing Element (Application No.(s): Z-2024-001, EA-2024-001; Applicant: City of Cupertino; APN: 35913 019; Location: 20865 McClellan Road) Page 3 Planning Commission Agenda December 10, 2024 Recommended Action: That the Planning Commission adopt the draft resolution (Attachment A) recommending that the City Council amend the City's Zoning Map changing the zoning for APN 35913 019 from R-3 to R-3/TH to ensure consistency with the 6th Cycle Housing Element. Staff Report A - Draft PC Resolution Z-2024-002 B - Table B4-7 of Housing Element C - Excerpt from Table B4-8 of Housing Element OLD BUSINESS - None NEW BUSINESS - None STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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 Page 4 Planning Commission Agenda December 10, 2024 Planning packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or 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 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. 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 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/appellant i Chair invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 the agenda item minutes per individual. Commissioners may ask questions of .�. speakers. Chair invites applicant/appellant to respond to public comments (2 min) Chair closes the public hearing i The Chair may request a motion and Commission vas a second after the close of the public on t8ie agenda item 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: David Fung Seema Lindskog Muni Madhdhipatla Tejesh Mistry Steven Scharf Planning Division City Hall PlanningCommission@cupertino.gov DFung@cupertino.gov SLindskog@cupertino.gov MMadhdhipatla@cupertino.gov TMistry@cupertino.gov SScharf@cupertino.gov Planning@cupertino.gov www.cupertino.gov 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.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 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 CITY OF � �S. COMMUNITY DEVELOPMENT,DEPA T ENT PLANNING DIVISION AN CITY HALL 10300TORRE AVENUE CUPERTINO, CA 95014-3255C.W1, TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 f' { ;', [ ' 11' OF CUPERTINO CUPERTINO.ORG 'i 1` 11 r (;S' n BUL nIIi'N LO,', NOTICE OF CAI 3MATION CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, November 12, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference, is cancelled. Dated this 71h day of November, 2024. /sBenjamin Fu Benjamin Fu, Director Community Development CITY OF CUPERTINO STATE OF CALIF(. I,� ) ) SS. COMMUNITY PLANNING DIV ION P f � ���� AN I !1' }' CITY HALL , 10300 TORRE AVENUE CUPERTINO - 75G14-3255 TELEPHONE: (408) 777 3308 • FAX:, (408) 7773333 CUPERTINO.ORG POSTED 'E' BULL "rc Ci CY iL.L. II � NOTICE OF CA (k ` E.L AUTION E �_ - Si{�i' �1AF RF, CUPERTINO PLANNIN`'"COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, October 22, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference, is cancelled. Dated this 17th day of October, 2024. /sBenjamin Fu Benjamin Fu, Director Community Development STATE OF CALIFOP N1[A �AN- �, F C UP E CITY OF CUPERTINO �)L r =::I jib( 4 �, .' {E L t_� C 1 FY MLL. CUPERTINO AGENDA Tuesday, October 8, 2024 6:45 PM 10350 Torre Avenue, Council Chamber and via Teleconference Planning Commission DAVID FLING, CHAIR SEEMA LINDSKOG , VICE CHAIR MUNI MADHDHIPATLA, COMMISSION MEMBER TEJESH MISTRY, COMMISSION MEMBER STEVEN SCHARF, COMMISSION MEMBER IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3200 1 www.cupertirio.gov Planning Commission Agenda October 8, 2024 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 5:00 p.m. on Tuesday, October 8 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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Documents received by email will be posted to the City website after the meeting. Please limit your comments to three (3) minutes or less. Teleconferencing Instructions To address the Commission, click on the link below to register in advance and access the meeting: Page 2 Planning Commission Agenda October 8, 2024 Online: Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_iirlxX_VQvajrDG37DH-qg Phone Dial: 669-900-6833 and enter WEBINAR ID: 934 52415784 (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: 934 52415784 SIP: 93452415784@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 their turn to speak. 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. Page 3 Planning Commission Agenda October 8, 2024 PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the September 10, 2024 Planning Commission minutes Recommended Action: Approve the September 10, 2024 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. 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 tinder 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 tinder SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cttpertino.org. Plans will also be made available digitally during the hearing to consider the proposal. 2. Subject: Sign Exception Permit to consider a ground sign with LED lighting, and four wall signs where only one is allowed, at an existing service station and associated environmental review. (Application No(s): EXC-2024-002; Applicant(s): Ed Hadad; Location: 19990 Stevens Creek Boulevard; APN: 369 05 007) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment A): 1. Approving the Sign Exception application (EXC-2024-002); and 2. Finding the project exempt from CEQA. Staff Report 1 — Draft Resolution for EXC-2024-002 2 — Plan Set OLD BUSINESS - None Page 4 Planning Commission Agenda October 8, 2024 NEW BUSINESS - None STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a fidure agenda item within the jurisdiction of the Commission. A proposal to add a facture agenda item shall be brief and without discussion by the Commission. 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 lnj 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or 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 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 5 Planning Commission Agenda October 8, 2024 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@ctcpertino.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. FLOWCHART FOR HEARING ITEMS: Chair introduces agenda item _' Chair opens the public hearing Commissioners report any site visits or outside communications. Staff reports and makes Commissioners ask clarifying recommendation questions. Applicant or Appellant I For appeals approvals, the makes presentation �----Ij applicant may respond to (up to 8 min) appellants presentation. Commissioners ask questions of staff or applicant/appellant Chair invites members of the public to speak about the agenda item Chair invites applicant/appellant to respond to public comments (2 min) Chair closes the public hearing 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 (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.gov David Fung DFung@cupertino.gov Seema Lindskog SLindskog@cupertino.gov Muni Madhdhipatla MMadhdhipatla@cupertino.gov Tejesh Mistry TMistry@cupertino.gov Steven Scharf SScharf@cupertino.gov Planning Division Planning@cupertino.gov (408) 777-3308 City Hall www.cupertino.gov (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/cityofcupertino/ https:Htwitter.com/CityofCupertino https://www. in stagram.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 4SI.I9'' AGENDA OF THE CUPERTINO PLANNING COMMISSION Tuesday, September 10, 2024 Televised Regular Meeting (6:45) PLANNING COMMISSION DAVID FUNG, CHAIR SEEMA LINDSKOG, VICE CHAIR MUNI MADHDHIPATLA, COMMISSIONER TEJESH MISTRY, COMMISSIONER STEVEN SCHARF, COMMISSIONER CITY OF CUPERTINO AGENDA C U P E RT I N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, September 10, 2024 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 5:00 p.m. on Tuesday, September 10 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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Documents received by email will be posted to the City website after the meeting. Please Page 1 Planning Commission Agenda September 10, 2024 limit your comments to three (3) minutes or less. 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: https://cityofcupertino.zoom.us/webinar/register/WN_ToDbYX7TQj ahvJEWPtE6Wg Phone Dial: 669-900-6833 and enter WEBINAR ID: 9971866 6491 (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: 9971866 6491 SIP: 997186664910zoomcrc.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 their turn to speak. Page 2 Planning Commission Agenda September 10, 2024 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. S. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the June 11, 2024 Planning Commission minutes Recommended Action: Approve the June 11, 2024 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. 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: Conditional Use Permit to allow an arcade use in a 1,955 square foot unit within the Marketplace Shopping Center and associated environmental review. (Application No(s).: U-2024-001; Applicant(s): Kiddleton, Inc.; Location: 19720 Stevens Creek Boulevard; APN(s): 369-06-012) Page 3 Planning Commission Agenda September 10, 2024 Recommended Action: That the Planning Commission adopt the proposed draft resolution (Attachment 1) to approve the Use Permit (U-2024-001), which also finds the project exempt from CEQA. Staff Report 1 — Draft Resolution for U-2024-001 2 — Business Plan 3 — Layout Plan 4 — Public Comment 3. Subject: Proposed amendments to Municipal Code Chapters 19.04 (General Provisions), 19.08 (Definitions), and 19.60 (General Commercial (CG) Zones). (Application No. MCA-2024-002; 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 19.04, General Provisions, and b. Chapter 19.08, Definitions, and c. Chapter 19.60, General Commercial (CG) Zones. Staff Report 1. Draft Resolution OLD BUSINESS - None NEW BUSINESS- None STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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 Page 4 Planning Commission Agenda September 10, 2024 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or 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 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. 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. 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/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: PlanningCommission@cupertino.gov David Fung EJFung@cupertino.gov Seema Lindskog SLindskog@cupertino.gov Muni Madhdhipatla MMadhdhipatla@cupertino.gov Tejesh Mistry TMistry@cupertino.gov Steven Scharf SScharf@cupertino.gov Planning Division Planning@cupertino.gov (408) 777-3308 City Hall www.cupertino.gov (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 Fire (Emergency) Santa Clara County Fire Dept. dispatch Fire (Non -Emergency) Santa Clara County Fire Dept. Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water Recology South Bay Pacific Gas & Electric (PG&E) Quinlan Community Center Santa Clara County Sheriff dispatch Santa Clara County Sheriff Santa Clara County Public Health Cupertino Sanitary District San Jose Water California Water (408) 777-CITY 911 (408)378-4010 (408) 725-4020 1-800-743-5000 (408)777-3120 911 (408)868-6600 (408) 732-3720 (408)253-7071 (408)279-7900 (650)917-0152 CITY OF CUPERTINO STATE OF CALIFC' i;� COMMUNITY DEVELAnLDAULEU ME )SS. RA PLANNING DIVISIO ) �` N i ` '- A 10300TORREAVENUEi_CUP-ERT1NO, _CA950-14-32__ D IF,[ARF TELEPHONE: (408) 777`3308 •+ ) AX (408) 777-3333 , P' Ak1YC) F CUPERTINO.ORG P I .1 � ! RY I1I,ar 01N Ali )i% E) r I (TIME)Y� I FL s�1NY POSTED HE N0 TiC-E .`,(-TENDA ON THE L TIN BOARD \1 CITY HALL. NOTICE OF C LLATION NAL CUPERTINO PLANN NOMMISSION SIGNATURE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, August 13, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference, is cancelled. Dated this 8th day of August, 2024. /sBenjamin Fu Benjamin Fu, Director Community Development CITY OF CUPERTINO COMMUNITY DEV` 10OP- ll,Mr llriPARIWENT. ) PLANNING DIVISION ) SS. CITY HALL P J �` ��. 10300 TORRE AVENUE • UP AN CA 95014-3155 )'N CD TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 tjt CUPERTINO.ORG - - FD NOTICE OF CW TYIe`�� 1,�r HALL.CUPERTINO PLANNING MISSION- DAFE Si�:iJ �FL� RE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, July 23, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers,10350 Torre Avenue, Cupertino, CA and via teleconference, is canceled. Dated this 181h day of July, 2024. Zs/Benjamin Fu Benjamin Fu, Director Community Development CITY OF CUPERTINO COMMUNITY DEVELOPMENT DEPARTMENT - '�S• PLANNING DIVISION t Jv� v I AN CITY HALL I ;.1 t= 'I'L'" i 1i(7 10300 TORRE AVENUE • -CUPERTINO, CA 95014-3255 _ TELEPHONE: (408) 777-3308 • FAX: (408).777-3333 FEN \L Y, OF CUPERTINO.ORG ;' <i-i,�I U:: .. i F) -� POSTED -AN—_''' 1 ;E'�.' . '� C'N `I HE BULLS INp,,� BARD u,�[ CI I�Y HALL. NOTICE OF CANC�-]� ON 4— CUPERTINO PLANNIN491COMMISSION SIGNATURE NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, June 25, 2024, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, July 9, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 20th day of June, 2024. /s/Benjamin Fu Benjamin Fu, Director Community Development I.19, 4cg AGENDA OF THE CUPERTINO PLANNING COMMISSION Tuesday, June 11, 2024 Televised Regular Meeting (6:45) PLANNING COMMISSION DAVID FLING, CHAIR SEEMA LINDSKOG, VICE CHAIR MUNI MADHDHIPATLA, COMMISSIONER TEJESH MISTRY, COMMISSIONER STEVEN SCHARF, COMMISSIONER CITY OF CUPERTINO AGENDA C U P E RTI N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via Teleconference Teleconference Location Pursuant to Government Code section 54953(b)(2); 1730 N Ocean Ave., Holtsville, NY 11742 Tuesday, June 11, 2024 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 5:00 p.m. on Tuesday, June 11 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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Page 1 Planning Commission Agenda June 11, 2024 Documents received by email will be posted to the City website after the meeting. Please limit your comments to three (3) minutes or less. 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: https:Hcityofcupertino.zoom.us/webinar/register/WN_yuj 35POZRxOHPdzwciAnnw Phone Dial: 669-900-6833 and enter WEBINAR ID: 9816413 5056 (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: 9816413 5056 SIP: 981641350560zoomcrc.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 Page 2 Planning Commission Agenda June 11, 2024 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 their turn to speak. 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the May 28 Planning Commission minutes. Recommended Action: Approve the May 28 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. CONSENT CALENDAR Unless there are separate discussions andlor actions requested by council, staff or a member of the public, it is requested that items tender 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 plan ningPlcupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. Page 3 Planning Commission Agenda June 11, 2024 2. Subject: Municipal Code, Specific Plan, Below Market Rate Mitigation Manual and Zoning Map Amendments related to implementing the 6th Cycle Housing Element (Application No.(s): MCA-2023-001, SPA-2023-001, CP-2024-002, Z-2024-001, EA-2024-001; Applicant: City of Cupertino; Location: city-wide) Recommended Action: That the Planning Commission recommend that the City Council adopt draft resolutions allowing for consistency with the 6th Cycle Housing Element, and minor edits for clarity, as follows: 1. Municipal Code Amendments (Attachment A), including but not limited to: a. Adoption of three new Chapters, Chapter 19.38 (Multiple -Family Residential (R-4) Zones), Chapter 19.46 (Townhome (TH) Combining District), Chapter 19.50 (Emergency Shelters) and b. Amendments to Chapter 19.08 (Definitions), Chapter 19.12 (Administration), Chapter 19.16 (Designations and Establishment of Districts), Chapter 19.20 (Permitted, Conditional and Prohibited Uses in Agricultural and Residential Zoning Districts), Chapter 19.28 (Single Family Residential (R-1) Zones), Chapter 19.36 (Multiple Family Residential (R-3) Zones), Chapter 19.76 (Public Building (BA), Quasi -Public Building (BQ), and Transportation (T) Zones), Chapter 19.80 (Planned Development (P) Zones), Chapter 19.100 (Accessory Buildings/Structures), Chapter 19.124 (Parking), Chapter 19.156 (Development Permits, Conditional Use Permits, and Variances), Chapter 19.168 (Architectural and Site Approval Permits), Chapter 14.15 (Landscape Ordinance) and Chapter 17.04 (Standard Environmental Protection Requirements); and 2. Adopt (Attachment B): a. Amendments to the Heart of the City Specific Plan; b. Amendments to the Below Market Rate (BMR) Mitigation Manual; and 3. Zoning Map Amendments (Attachment C) to reflect changes to Priority Housing Sites and other minor changes for internal consistency. Staff Report A - Draft MCA Resolution B - Draft SPA and CP Resolution C - Draft Zoning Map Ordinance OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING Page 4 Planning Commission Agenda June 11, 2024 This portion of the meeting is reserved for the Chair or any tzoo Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or 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 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. 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 planningCwcupertino.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 1—� Commissioners report any site visits or outside communications. i Staff reports and makes Commissioners ask clarifying recommendation questions. i 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/appellant 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 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 David Fung Seema Lindskog Muni Madhdhipatla Tejesh Mistry Steven Scharf Planning Division City Hall PlanningCommission@cupertino.gov DFung@cupertino.gov SLindskog@cupertino.gov MMadhdhipatla@cupertino.gov TMistry@cupertino.gov SScharf@cupertino.gov Planning@cupertino.gov www.cupertino.gov (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) 6:45 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. USEFUL TELEPHONE NUMBERS City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 L Uh G':i._. ' CITY OF CUPERTINO I NSF;N'i, s !Al is t t Y r[ I 1.1 POSTED THE IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3308 1 www.cupertino.gov CITY OF CUPERTINO AGENDA C U P E RT 1 N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber Tuesday, May 28, 2024 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 5:00 p.m. on Tuesday, May 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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Documents received by email will be posted to the City website after the meeting. Please Page 1 Planning Commission Agenda May 28, 2024 limit your comments to three (3) minutes or less. 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: https:Hcityofcupertino.zoom.us/webinar/register/WN_tzDvo4OdSpKAf2nUbCVA9A Phone Dial: 669-900-6833 and enter WEBINAR ID: 913 6899 0303 (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: 913 6899 0303 SIP: 91368990303@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 Page 2 Planning Commission Agenda May 28, 2024 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 their turn to speak. 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the April 29 Planning Commission minutes. Recommended Action: Approve the April 29 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. 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 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. Page 3 Planning Commission Agenda May 28, 2024 2. Subject: Lawrence-Mitty Park and Trail project Final Conceptual Design General Plan Consistency and Initial Study/Mitigated Negative Declaration. Recommended Action: That the Planning Commission: 1. Adopt a Resolution (Attachment 1) finding that the Lawrence-Mitty Park and Trail project Final Conceptual Design is consistent with the City's General Plan and 2. Adopt a Resolution (Attachment 2) recommending that the City Council adopt the Initial Study/Mitigated Negative Declaration for the Lawrence-Mitty Park and Trail project. Staff Report 1 - Draft Resolution General Plan Consistency 2 - Draft Resolution - IS/MND 3 - Conceptual Plan report 4 - Excerpts from the Cupertino General Plan 5 - Draft IS/MND and Appendices 6 - Final Memo and Response to Comments 3. Subject: Consider Municipal Code Amendments to Chapter 19.48 (Fences), Chapter 19.08 (Definitions). (Application No.: MCA-2024-001; Applicant: City of Cupertino; Location: Citywide) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council adopt an ordinance to amend Chapter 19.48, Fences, Chapter 19.12 (Administration) and Chapter 19.08 (Definitions). Staff Report 1- Draft Resolution 2 - Redlined and Annotated Ordinance 4. Subject: Sign Exception Permit to consider a ground sign with LED lighting and three wall signs exceeding 200 square feet in an area where only one is allowed at an existing service station. (Application No(s): EXC-2023-010; Applicant(s): Steve Locke; Location: 10490 S De Anza Boulevard; APN: 369 39 042) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment A): 1. Approving the Sign Exception application (EXC-2023-010); and 2. Finding the project exempt from CEQA. Staff Report 1 - Draft Resolution 2 - Plan Set (abridged due to limitations of state law pursuant to SB1214) OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS Page 4 Planning Commission Agenda May 28, 2024 This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or 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 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. 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 May 28, 2024 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. FLOWCHART FOR HEARING ITEMS: Chair introduces agenda item i Chair opens the public hearing r-i Commissioners report any site visits or outside communications. i Staff reports and makes Commissioners ask clarifying recommendation questions. i Applicant or Appellant For appeals approvals, the makes presentation 4 applicant mayy respond to (up to 8 min) appellants presentation. i Commissioners ask questions of staff or applicant/appeIlant i Chair invites members of Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 the agenda item minutes per individual. Commissioners may ask questions of ispeakers. Chair invites applicant/appellant to respond to public comments (2 min) i Chair closes the public hearing i The Chair may request a motion and Commission votes a second after the close of the public on the agenda item 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.gov David Fung DFung@cupertino.gov Seema Lindskog SLindskog@cupertino.gov Muni Madhdhipatla MMadhdhipatla@cupertino.gov Tejesh Mistry TMistry@cupertino.gov Steven Scharf SScharf@cupertino.gov Planning Division Planning@cupertino.gov (408) 777-3308 City Hall www.cupertino.gov (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 CALIF CITY OF � SS. COMMUNITY DEVELGPA ,ENT„DEPARTMENT - r� PLANNING DIVISION �'t.- AN CITY HALL Elt i 'LOY t F', Of 10300 TORRE AVENUE •_C.UPERTINO, CA 950.14-325 - = TELEPHONE: (408) 777-3308 • FAX::(408)'777-3333 CUPERTINO CUPERTINO.ORG Y t' 1 �. c .. ♦.i iii, e l POS`I-ILIA) TI _ BJ� �� NOTICE OF CANE CATION CUPERTINOPLANNIR'dCOMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, May 14, 2024, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, May 28, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 9th day of May, 2024. Zs/Benjamin Fu Benjamin Fu, Director Community Development STATE OF c ,Jjl'Y C) ss. CITY OF I, � ENIPI-01 'AN 1p, MENT, SI'ATE PERJURY THAT OF r p! ps I v CUPERTINO POSTED :�T- �l . RS )NALLY THE rN t - IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3308 1 www.cupertino.gov CITY OF CUPERTINO AGENDA C U P E RT I N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via Teleconference Monday, April 29, 2024 6:45 PM Special Meeting 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 5:00 p.m. on Monday, April 29 to the Commission at planningcommissionacupertino.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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at Pagel Planning Commission Agenda April 29, 2024 the podium or email the document to planningcommission@cupertino.gov by 5:OOp.m. Documents received by email will be posted to the City website after the meeting. Please limit your comments to three (3) minutes or less. 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: https:Hcityofcupertino.zoom.us/webinar/register/WN_43hk5_FiTp g2jRfjvggveg Phone Dial: 669-900-6833 and enter WEBINAR ID: 924 2615 7024 (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: 924 2615 7024 SIP: 92426157024@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. Page 2 Planning Commission Agenda April 29, 2024 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 their turn to speak. 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino Planning Commission is hereby called for Monday, April 29, 2024, commencing at 6:45 p.m. in Community Hall Council Chamber,10350 Torre Avenue, Cupertino, California 95014 and via teleconference. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, "Special Meeting." SPECIAL MEETING PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the April 9 Planning Commission minutes. Recommended Action: Approve the April 9 Planning Commission minutes. 1 - Draft Minutes PUBLIC HEARINGS Effective lanuary 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribtttion 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 mare an appointment with the Planning Division to view them at City Hall by sending an email to planning@citpertino.org. Plans will also be made available digitally during the hearing to consider the proposal. Page 3 Planning Commission Agenda April 29, 2024 2. Subject: 6th Cycle Housing Element and Associated General Plan Amendments Recommended Action: That the Planning Commission adopt a draft resolution (Attachment A) recommending that the City Council adopt the proposed General Plan Amendments, including but not limited to, the Chapter 3 (Land Use and Community Character Element), Chapter 4 (Housing Element), Chapter 5 (Mobility Element), Appendix A (Land Use Definitions, Appendix B (Housing Element Technical Appendix), and Appendix G (Community Vision 2040 General Plan and Zoning Amendments Environmental Assessment). Staff Report A - Draft PC Resolution Exhibit GPA - Draft CC Resolution Exhibit GPA-1 - Ch 3 - Land Use Element amendments Exhibit GPA-2 - Ch 4 - Housing Element - Draft for adoption Exhibit GPA-3 - Ch 5 - Mobility Element Exhibit GPA-4 - A1212. A - Land Use Definitions Amendments Exhibit GPA-5 - Apt. B - HE Technical Report - Draft for adoption Exhibit GPA-6 - A1212. G - Environmental Assessment Exhibit GPA-7 - Draft General Plan Land Use Map B - Letter from HCD dated 4.10.2024 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 City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written co»u1zunications sent to the City Council, Commissioners or staff concerning a Page 4 Planning Commission Agenda April 29, 2024 matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City 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. 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 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 Staff reports and makes recommendation i Applicant or Appellant makes presentation (up to 8 min) 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 applicant/appellant to respond to public comments (2 min) i Chair closes the public hearing i Commission votes on the agenda item Commissioners report any site visits or outside communications. Commissioners ask clarifying questions. For appeals of approvals, the applicant may respond to appellants presentation. 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 underSB 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: David Fung Seema Lindskog Muni Madhdhipatla Tejesh Mistry Steven Scharf Planning Division City Hall PlanningCommission@cupertino.gov DFung@cupertino.gov SLindskog@cupertino.gov MMadhdhipatla@cupertino.gov TMistry@cupertino.gov SScharf@cupertino.gov Planning@cupertino.gov www.cupertino.gov 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.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 Hal[) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 CITY OF STATE OF CALIF' ,1-" N T. k ) COMMUNITY DEVELWMENT DEPARTMENT ) SS. PLANNING DIVISIONCO JN' Y OTA�" 1,' � _ A N CITY HALL EMPLOYEE OFI ( i • ,I' _ r'i_': 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255��- TELEPHONE: (408) 777-3 gSPX: (498) 777-3333 CUPERTINO CUPERTINO.ORG pE,IZ;Itti' ry -1---V .' POSTED TIIE BIJ L T BOARD Af CI [.,� ! av L NOTICEOFCAN T ON_ CUPERTINO PLANNINGICOMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, April 23, 2024, beginning at 6:45 p.m., is canceled. A special meeting will be held on Monday, April 29, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 18th day of April, 2024. Zs/Benjamin Fu Benjamin Fu, Director Community Development 4y1.191d' AGENDA OF THE CUPERTINO PLANNING COMMISSION Tuesday, April 9, 2024 Televised Regular Meeting (6:45) PLANNING COMMISSION DAVID FUNG, CHAIR SEEMA LINDSKOG, VICE CHAIR MUNI MADHDHIPATLA, COMMISSIONER TEJESH MISTRY, COMMISSIONER STEVEN SCHARF, COMMISSIONER CITY OF CUPERTINO AGENDA C U P E RT I N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber Tuesday, April 9, 2024 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 5:00 p.m. on Tuesday, April 9 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 in person during the meeting as follows: Comments may be made during "Oral Communications" for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Documents received by email will be posted to the City website after the meeting. Please Page 1 Planning Commission Agenda April 9, 2024 limit your comments to three (3) minutes or less. 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: https:Hcityofcupertino.zoom.us/webinar/register/WN_t7zLGfdhRXinc3Bj3x-e9w Phone Dial: 669-900-6833 and enter WEBINAR ID: 998 4429 3559 (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: 998 4429 3559 SIP: 99844293559@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 Page 2 Planning Commission Agenda April 9, 2024 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 their turn to speak. 4. When speaking, please limit your remarks to three (3) minutes or less and the specific agenda topic. 5. Members of the public that wish to share a document when providing oral comments by teleconference must email the document to planningcommission@cupertino.gov by 5:00 p.m. These documents will be posted to the City website after the meeting. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the March 12 Planning Commission minutes. Recommended Action: Approve the March 12 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. 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 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 planningeacupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. Page 3 Planning Commission Agenda April 9, 2024 OLD BUSINESS NEW BUSINESS 2. Subject: Review of the Fiscal Year 2024 - 2025 Capital Improvement Program proposal for consistency with the City of Cupertino's General Plan. Recommended Action: Adopt a Resolution finding that the Fiscal Year 2024 - 2025 Capital Improvement Program proposal is consistent with the City's General Plan. Staff Report 1 - Draft Resolution 2 - FY 2024-25 CIP General Plan Conformance -Relevant Codes 3 - FY 2024-25 CIP new Project Narratives 4 - FY 2024-25 CIP Matrix of GP Consistency STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a fit ture agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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 disabilihj 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 Communihj Development Department located Page 4 Planning Commission Agenda April 9, 2024 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 City web -site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100 written communications sent to the City Council, Commissioners or 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 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. For questions on any items in the agenda, or for documents related to any of the itents on the agenda, contact the Planning Department at (408) 777 3308 or planning@eupertino.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. Staff reports and makes Commissioners ask clarifying recommendation questions. 4 Applicant or Appellant For appeals of approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. a Commissioners ask questions of staff or applicant/appellant i Chair invites members of the public to speak about the agenda item 4 Chair invites applicant/appellant to respond to public comments (2 min) i Chair closes the public hearing 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 (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: David Fung Seema Lindskog Muni Madhdhipatla Tejesh Mistry Steven Scharf Planning Division City Hall PlanningCommission@cupertino.gov DFung@cupertino.gov SLindskog@cupertino.gov MMadhdhipatla@cupertino.gov TMistry@cupertino.gov SScharf@cupertino.gov Planning@cupertino.gov www.cupertino.gov 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. INTERN ET 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.co m/CityofCuperti no https://www.instagram.com/cityofcupertino AUDIO Tune into Radio Cupertino, 1670 AM, for meeting announcements, public service messages, and emergency announcements. Lill 41-11a1141140191,111:1111►01A11.341.M City of Cupertino (City Hall) Fire (Emergency) Fire (Non -Emergency) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San Jose Water (408) 279-7900 California Water (650) 917-0152 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 CANCELLATION CUPERTINO PLANNING COMMISSION NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, March 26, 2024, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, April 9, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 21st day of March, 2024 OF CALIFORNTA ) _ ) SS. C i� i' 1`�I T Y t '_ PI., k s Benjamin Fu i —Il'' [j-�,`��`'nP S AN Benjamin Fu, Director __ __ C ► F' i= Community Development c� i! L L L' 1 IN 1., CITY OF CUPERTINO STNVE OF CALI COUNTY OF S 4-4 EMPLOYEE Of C. ME -NIT, S. V P L N,N Li E PERJURY'li'HAF f POSTED T 1-1 E NU ! IN PERSON AND TELECONFERENCE MEETING For more information: (408) 777-3308 1 www.cupertino.gov CITY OF CUPERTINO AGENDA C U P E RTI N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via teleconference Tuesday, March 12, 2024 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 5:00 p.m. on Tuesday, March 12 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 March 12, 2024 Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_shoZ-VzhT8mFrNNIu4jeoQ Phone Dial: 669-900-6833 and enter WEBINAR ID: 956 2020 8101 (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: 956 2020 8101 SIP: 95620208101@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 Page 2 Planning Commission Agenda March 12, 2024 ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the February 27 Planning Commission minutes. Recommended Action: Approve the February 27 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. 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 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: Amendment to a Development Agreement for the Cupertino Village Boutique Hotel Project and associated environmental review. (Application No(s): DA-2023-002; Applicant(s): KIMCO (Sunil Plaha); Location: 10801 and 10805 N. Wolfe Rd.; APN: 316 45 017,316 05 056) Recommended Action: Staff recommends that the Planning Commission adopt the draft resolution (Attachment 1) recommending that the City Council: 1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2018112025) and 2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-002). Staff Report 1 - Draft Resolution for DA-2023-002 2 - Ordinance No. 19-2186 3 - Tustification Letter Page 3 Planning Commission Agenda March 12, 2024 3. Subject: Amendment to a Development Agreement for the De Anza Hotel Project and associated environmental review. (Application No(s): DA-2023-003; Applicant(s): De Anza Properties (John Vidovich); Location: 10931 N De Anza Blvd.; APN: 326-10-061) Recommended Action: Staff recommends that the Planning Commission, in accordance with draft resolution, recommend that the City Council: 1. Find the amendment to the existing development agreement consistent with the project's Mitigated Negative Declaration (State Clearinghouse No. 2019079010)and 2. Adopt the ordinance to amend the existing Development Agreement (DA-2023-003). Staff Report 1— Draft Resolution for DA-2023-003 2 - Ordinance No. 20-2195 3 - iustification Letter OLD BUSINESS NEW BUSINESS STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. 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. Page 4 Planning Commission Agenda March 12, 2024 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 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 i Staff reports and makes Commissioners ask clarifying recommendation questions. i Applicant or Appellant For appeals approvals, the makes presentation applicant may respond to (up to 8 min) appellants presentation. i Commissioners ask questions of staff or applicant/appellant -W Chair invites members of the public to speak about the agenda item i Chair invites applicant/appellant to respond to public comments (2 min) Chair closes the public hearing F i ryommissi' votes o, th, 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 David Fung Seema Lindskog Muni Madhdhipatla Tejesh Mistry Steven Scharf Planning Division City Hall PlanningCommission@cupertino.gov DFung@cupertino.gov SLindskog@cupertino.gov MMadhdhipatla@cupertino.gov TMistry@cupertino.gov SScharf@cupertino.gov Planning@cupertino.gov www.cupertino.gov 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 boo k.com/cityofcu pe rti no/ https:Htwitter.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 Fire (Emergency) Santa Clara County Fire Dept. dispatch Fire (Non -Emergency) Santa Clara County Fire Dept. Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water Recology South Bay Pacific Gas & Electric (PG&E) Quinlan Community Center Santa Clara County Sheriff dispatch Santa Clara County Sheriff Santa Clara County Public Health Cupertino Sanitary District San lose Water California Water (408) 777-CITY 911 (408) 378-4010 (408)725-4020 1-800-743-5000 (408) 777-3120 911 (408)868-6600 (408) 732-3720 (408) 253-7071 (408)279-7900 (650) 917-0152 4yS.1-%' AGENDA OF THE CUPERTINO PLANNING COMMISSION Tuesday, February 27, 2024 Televised Regular Meeting (6:45) PLANNING COMMISSION DAVID FLING, CHAIR SEEMA LINDSKOG, VICE CHAIR MUNI MADHDHIPATLA, COMMISSIONER TEJESH MISTRY, COMMISSIONER STEVEN SCHARF, COMMISSIONER CITY OF CUPERTINO AGENDA C U P E RT I N O PLANNING COMMISSION 10350 Torre Avenue, Council Chamber and via teleconference Tuesday, February 27, 2024 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 5:00 p.m. on Tuesday, February 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. 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 February 27, 2024 Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_avF9s9QnQCCpCXDKW85nQw Phone Dial: 669-900-6833 and enter WEBINAR ID: 982 7304 3975 (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: 982 7304 3975 SIP: 98273043975@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 Page 2 Planning Commission Agenda February 27, 2024 ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the February 13 Planning Commission minutes. Recommended Action: Approve the February 13 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 meinbcr 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: Hillside Exception to add a porch and roof deck, as well as landscape modifications at an existing hillside property on a prominent ridgeline and associated CEQA actions. (Application No(s).: EXC-2023-006; Applicant(s): Chris Pomodoro; Location: 22777 San Juan Rd.; APN(s): 342-22-104 Recommended Action: That the Planning Commission adopt the proposed draft resolution to: 1. Find the project exempt from CEQA; and 2. Approve the Hillside Exception (EXC-2023-006) (Attachment 1) Staff Report 1— Draft Resolution for EXC-2023-006 2 — Site Plan and Renderings 3 — Vantage Point Visual Analysis Page 3 Planning Commission Agenda February 27, 2024 OLD BUSINESS - NONE NEW BUSINESS 3. Subject: 2023 General Plan and Housing Element Annual Progress Reports (APR). Recommended Action: Receive the General Plan and Housing Element APRs. Staff Report 1 - Draft General Plan Annual Progress Report 2 - Draft Housing Element Annual Progress Report 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 2.08.10.0 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 February 27, 2024 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 planning0cupertino.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. Staff reports and makes Commissioners ask clarifying recommendation questions. i 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/appellant 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 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: David Fung Seema Lindskog Muni Madhdhipatla Tejesh Mistry Steven Scharf Planning Division City Hall PlanningCommission@cupertino.gov DFung@cupertino.gov SLindskog@cupertino.gov MMadhdhipatla@cupertino.gov TMistry@cupertino.gov SScharf@cupertino.gov Planning@cupertino.gov www.cupertino.gov 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.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) Fire (Emergency) Fire (Non -Emergency ) Garbage Gas & Electricity Recreation & Community Services Police (Emergency) Police (Non -Emergency) Public Health Sanitary Sewers Water General Information and Comments (408) 777-CITY Santa Clara County Fire Dept. dispatch 911 Santa Clara County Fire Dept. (408) 378-4010 Recology South Bay (408) 725-4020 Pacific Gas & Electric (PG&E) 1-800-743-5000 Quinlan Community Center (408) 777-3120 Santa Clara County Sheriff dispatch 911 Santa Clara County Sheriff (408) 868-6600 Santa Clara County Public Health (408) 732-3720 Cupertino Sanitary District (408) 253-7071 San lose Water (408)279-7900 California Water (650) 917-0152 CITY OF M&ff F0 1A ) �11 SS. AG ND)"OFh: 1..: r`-� ) AN COMF111 "A, .cCUPERTINO PLANNING_._ OF 10350 Torre Avenue, Council Champ6j) v Tuesday, February 13, 2024 _ __ 6:45 PM y i i : ., i_ L. IN -PERSON AND TELECONFERENCE / PUB,.L tATICIPATION INFQIATION i - - - Members of the public wishing to observe th , ,ee ay do soiu 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, February 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. 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 February 13, 2024 Register in advance for this webinar: https:Hcityofcupertino.zoom.us/webinar/register/WN_kx8lxMKDR6CIXIN7GDsi_w Phone Dial: 669-900-6833 and enter WEBINAR ID: 990 6964 8369 (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: 990 6964 8369 SIP: 990696483690zoomcrc.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 Page 2 Planning Commission Agenda February 13, 2024 ROLL CALL APPROVAL OF MINUTES 1. Subject: Approve the December 12 Planning Commission minutes. Recommended Action: Approve the December 12 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 - NONE 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. OLD BUSINESS - NONE NEW BUSINESS 2. Subject: Election of Planning Commission Chair and Vice Chair, and Committee representatives and 2024 meeting schedule. Recommended Action: Elect Planning Commission Chair and Vice Chair and approve meeting schedule for 2024 (see Attachment 1). Staff Report 1 - Planning Commission 2024 meeting schedule 2 - Cupertino Municipal Code Chapter 2.32 Planning Commission 3. Subject: Discuss Recommendations for City Council Work Program Items for 2024 Which Are Within the Jurisdiction of the Planning Commission. Page 3 Planning Commission Agenda February 13, 2024 Recommended Action: Recommend City Council Work Program Items for 2024. Staff Report A - FY 23-25 Adopted City Work Program B - Items Not Included in FY 23-25 City Work Program C - Submission Form 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. 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 Page 4 Planning Commission Agenda February 13, 2024 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. 4 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/appellant i Chair invites members of 4 Speakers submit a Request to Speak the public to speak about card, and are allowed up to 3 the agenda item minutes per individual. Commissioners may ask questions of .,, speakers. Chair invites applicant/appellant to respond to public comments (2 min) Chair closes the public hearing i Commission votes on the agenda item 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.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 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 CITY OF STATE OF CALIFOPNTA ) COMMUNITY DEVELOPMENT DEPARTMENT ) SS. PLANNING DIVISION' i�h ,'"'j ,�,;.;- 1, t Ca _ ) AN CITY HALL }= '[ YrT n17 '1- r" "N ,O��F CUPERTINO 10300 TORRE AVENUE i�i1CUPEI INd, CA 95014-32512�1r i— D 13A RT TELEPHONE: (408) 777-3308- •- FAX; (408), 777-3333 J - Y OF CUPERTINO CUPERTINO.ORG � (TINj ;) I P L:1)(A;' --LY P�iS FD "I t E _ ON THE BULLETIN BO,-`=d D Af CITY HALL. NOTICE OF CANC �I' N y� CUPERTINO PLAN ISS-ION-- ki ai'U i�E A NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, January 23, 2024, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, February 13, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 18th day of January, 2024. /s/ Benjamin Fu Benjamin Fu, Director of Community Development COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION CITY HALL - 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 • FAX: (408) 777-3333 TINO I CUPERTINO.ORG "? NI.Lgpj-jn �Ml Qa1.SC: O ZVH.L A-dn pl z4 .� NOTICE OF CANCE - T.I CUPERTINO PLANNIN&C;',O IlG Q6 NOTICE IS HEREBY GIVEN that the regular meeting of the Cupertino Planning Commission scheduled for Tuesday, January 9, 2024, beginning at 6:45 p.m., is canceled. The next regular meeting will be held on Tuesday, January 23, 2024, beginning at 6:45 p.m. in Community Hall Council Chambers, 10350 Torre Avenue, Cupertino, CA and via teleconference. Dated this 4th day of January, 2024. /s/ Benjamin Fu - :- — ---- —r t'fN Benjamin Fu,T Director Community Development " i :`i' ,1 i i =;i C�i�i (a v f r', PU;J ii D TTT7 - - BULT ," -