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HomeMy WebLinkAboutPC 05-12-2026 Youtube and Zoom TranscriptWEBVTT 1 00:00:14.470 --> 00:00:20.049 Speaker 2 (Community Hall): Hello, and welcome to the Planning Commission meeting for May 12th, 2026. Please rise for the Pledge of Allegiance. 2 00:00:22.910 --> 00:00:26.970 Community Hall: I pledge allegiance to the flag of the United States of America. 3 00:00:27.240 --> 00:00:37.509 Community Hall: And to their love for which it stands, one nation, indivisible, with liberty and justice for all. 4 00:00:39.280 --> 00:00:41.880 Community Hall: City Clerk, may we please have the roll call? 5 00:00:42.110 --> 00:00:42.890 Community Hall: Commissioner? 6 00:00:42.890 --> 00:00:46.630 Speaker 1 (Community Hall): Present. Commissioner Linskog? Present. 7 00:00:46.890 --> 00:00:48.239 Speaker 1 (Community Hall): Commissioner Rao? 8 00:00:49.270 --> 00:00:55.710 Speaker 1 (Community Hall): Vice Chair Scharf? Present. Chair Casolshron? Present. For the record, Commissioner Rao is absent. 9 00:00:57.560 --> 00:01:00.680 Speaker 1 (Community Hall): Okay, then we will… thank you very much. We will move to the approval of minutes. 10 00:01:00.680 --> 00:01:06.750 Speaker 2 (Community Hall): Agenda Item 1, approval of the April 28th Planning Commission minutes. Do we have a motion? 11 00:01:08.540 --> 00:01:12.549 Speaker 1 (Community Hall): Sure, I'll move that we, adopt the minutes as submitted. 12 00:01:13.410 --> 00:01:14.330 Speaker 1 (Community Hall): Second. 13 00:01:15.510 --> 00:01:17.450 Speaker 2 (Community Hall): Thank you. City Clerk, may you please have a vote? 14 00:01:17.880 --> 00:01:19.870 Speaker 2 (Community Hall): Commissioner Feng? Aye. 15 00:01:20.110 --> 00:01:21.560 Speaker 2 (Community Hall): Commissioner Linskaug? 16 00:01:22.490 --> 00:01:23.180 Speaker 2 (Community Hall): safe. 17 00:01:24.780 --> 00:01:25.539 Community Hall: Thank you. 18 00:01:26.660 --> 00:01:27.530 Community Hall: Keep it. 19 00:01:27.530 --> 00:01:30.900 Speaker 3 (Community Hall): Commissioner Rao is absent. Vice Chair Scharf? Aye. 20 00:01:31.040 --> 00:01:32.330 Speaker 2 (Community Hall): Cherokee Solstron? 21 00:01:32.510 --> 00:01:33.370 Speaker 2 (Community Hall): Bye. 22 00:01:33.610 --> 00:01:35.410 Speaker 1 (Community Hall): The motion carries with. 23 00:01:35.415 --> 00:01:39.125 Speaker 3 (Community Hall): Commissioner Linskogg abstaining, and Commissioner Rao absent. 24 00:01:40.715 --> 00:01:46.934 Speaker 3 (Community Hall): Can I ask… we can vote with our lights, right? Because, Commissioner Rao's not… 25 00:01:47.690 --> 00:01:53.009 Speaker 4 (Community Hall): participating remotely, he's absent. Yeah, I think that's correct, and until he joins, you can vote tonight. Okay. 26 00:01:54.550 --> 00:02:01.639 Speaker 2 (Community Hall): Okay, so we have no postponements, so we'll move to oral communications. City Clerk, do we have any oral communications? 27 00:02:01.640 --> 00:02:06.269 Speaker 3 (Community Hall): We have one speaker in person, Kathy Helgerson. Welcome, Kathy. 28 00:02:14.610 --> 00:02:20.759 Speaker 3 (Community Hall): Hi. I've never been to one of your meetings. Anyways, my name's Kathy Helgerson. 29 00:02:20.760 --> 00:02:29.400 Speaker 5 (Community Hall): I live at 20697 Dunbar Drive, and I have been a citizen of the city for probably about 47 years, and count. 30 00:02:30.010 --> 00:02:34.510 Speaker 5 (Community Hall): The reason I'm here is, and that no one else is here, I'm here. 31 00:02:34.840 --> 00:02:36.480 Speaker 5 (Community Hall): Okay. 32 00:02:36.990 --> 00:02:44.560 Speaker 5 (Community Hall): Unfortunately, I live on 20697 Dunbar Drive, which is on the other side of the wall of, Family Drive. 33 00:02:44.990 --> 00:03:01.950 Speaker 5 (Community Hall): And once they start building these houses… I'm sorry, is this oral communication? Oh, yeah, but I wanted to tell you where I live. Right, but that… this item is going to be on the agenda. Okay, so then I'm going to go down to the major residential project list. 34 00:03:02.190 --> 00:03:03.960 Speaker 5 (Community Hall): Which you're all familiar with, right? 35 00:03:04.070 --> 00:03:11.729 Speaker 5 (Community Hall): Anywho, that list needs to be updated, it's not accurate, and it goes to the, state senator. 36 00:03:11.990 --> 00:03:15.419 Speaker 5 (Community Hall): District 13, Josh Becker's office. 37 00:03:15.500 --> 00:03:38.209 Speaker 5 (Community Hall): And I am in contact with him, and I will be conducting some more talks with him regarding this listing. This listing is not updated, it doesn't have enough information, we don't know what the totals are, the units are not listed, and we need to put it on there. Okay, it's very important that it's complete when it goes over to the state senator's office. That's really important. 38 00:03:38.420 --> 00:03:46.289 Speaker 5 (Community Hall): And so I've been doing a lot of research on this, and how it should be handled. It's not a public document. Unfortunately, it should be. 39 00:03:46.580 --> 00:04:03.289 Speaker 5 (Community Hall): And I think the City of Cupertino, we don't want to get into any violations about not supplying the public with, documentation that they need, and it should be accurate and up-to-date, okay? So that's very important. I also, went to a meeting 40 00:04:03.740 --> 00:04:07.709 Speaker 5 (Community Hall): And the meeting was with the Economic Development Committee. 41 00:04:07.800 --> 00:04:12.300 Speaker 5 (Community Hall): It was a great meeting, I just wanted to let you know. I was the only one there, and a friend of mine would 42 00:04:12.300 --> 00:04:36.610 Speaker 5 (Community Hall): We were the only ones there. And that's our first meeting, and I'm going to be going to their next one in July, and maybe you guys might want to go to it. It's very interesting. Anyways, I found it very informative, and I will be going to that meeting again and working with those people to see what they can do, as far as that goes with the major projects here in our community, and encouraging other businesses to come here and 43 00:04:36.610 --> 00:04:53.989 Speaker 5 (Community Hall): open up their businesses in our community, because we do need more businesses. And there's a lot of things, a lot of businesses have left Cupertino, and I'm very upset about that. That's just another topic that I probably will want to bring before your committee, because we have to encourage them to stay here. 44 00:04:54.200 --> 00:05:17.040 Speaker 5 (Community Hall): Okay? Even though they have to be moved to another location, they should be able to stay in our community and encourage them. And Staples was one of those places. I couldn't even buy my printer ribbons anymore if you went the trip. That's pretty bad, you know, when you can't buy your printer ribbons. So anyways, that was a great store, and the people that worked there were very friendly and nice, and they lost their jobs. 45 00:05:17.040 --> 00:05:19.390 Speaker 5 (Community Hall): Now, a lot of these places, they're losing their… 46 00:05:19.395 --> 00:05:22.624 Speaker 3 (Community Hall): Thank you, Kathy, that is your time. Try to do something about that. 47 00:05:22.625 --> 00:05:23.614 Speaker 5 (Community Hall): Yeah, thank you. 48 00:05:23.755 --> 00:05:25.265 Speaker 5 (Community Hall): Thank you, Kathy. 49 00:05:25.790 --> 00:05:29.290 Speaker 3 (Community Hall): Our next speaker is Jennifer Griffin. Welcome, Jennifer. 50 00:05:38.980 --> 00:05:39.780 Speaker 3 (Community Hall): I can't do it. 51 00:05:40.730 --> 00:05:42.840 Speaker 3 (Community Hall): I believe Commissioner Rao has joined the meeting. 52 00:05:42.845 --> 00:05:47.744 Speaker 1 (Community Hall): meeting at 6.47 or 48 p.m, and I believe. 53 00:05:48.660 --> 00:05:49.959 Speaker 2 (Community Hall): That's all I wanted to report. 54 00:05:51.340 --> 00:05:55.550 Santosh Rao: Thank you, Commissioner Ghosh. I had my hand up for a while, but was not recognized, but thank you for… 55 00:05:55.980 --> 00:05:56.490 Santosh Rao: And I'm sorry. 56 00:05:56.490 --> 00:06:12.670 Speaker 3 (Community Hall): Okay, before we proceed, Chair, Vice Chair, Commissioners, and members of the public, Commissioner Rao is participating remotely this evening. We have not heard from any members of the public that they plan to participate in tonight's meeting from Commissioner Rao's remote location. 57 00:06:12.730 --> 00:06:18.459 Speaker 3 (Community Hall): Commissioner Rao, are you in the hotel lobby of the Woodlands Resort in the Woodlands, Texas? 58 00:06:18.740 --> 00:06:19.120 Santosh Rao: Yes. 59 00:06:20.290 --> 00:06:23.520 Speaker 3 (Community Hall): Can you confirm that you posted the agenda at your location? 60 00:06:23.790 --> 00:06:24.440 Santosh Rao: Yes. 61 00:06:25.130 --> 00:06:33.229 Speaker 3 (Community Hall): Are there any individuals over the age of 18 with you, and has anyone indicated to you that they intend to make public comment or address the Commission? 62 00:06:33.230 --> 00:06:33.770 Santosh Rao: Nope. 63 00:06:34.630 --> 00:06:39.880 Speaker 3 (Community Hall): I'll rely on you to notify me if any member of the public wishes to speak from your location. 64 00:06:40.200 --> 00:06:41.450 Santosh Rao: Sounds good, thank you. 65 00:06:44.640 --> 00:06:48.249 Speaker 3 (Community Hall): Okay, our next speaker is Jennifer Griffin. Welcome, Jennifer. 66 00:06:53.020 --> 00:07:09.850 Jenny Griffin: Yes, thank you. This is Jennifer. I'm just gonna throw in there that I was confused about 2 minutes ago, because I was… I'm not saying… blaming anyone, but I was… I thought it was supposed to go, and there was no mute or unmute that came up, so I understand now. So that's fine. 67 00:07:10.200 --> 00:07:13.980 Jenny Griffin: Okay, I will just say that, 68 00:07:14.270 --> 00:07:17.640 Jenny Griffin: Can I mention a housing bill 69 00:07:17.930 --> 00:07:31.390 Jenny Griffin: that pertains to townhouse complexes that is proposed for next year. It's AB… 1751 by… 70 00:07:31.550 --> 00:07:43.309 Jenny Griffin: Sharon Quirksilva and Buffy Wicks. If I… I intend to speak on the next item, but this item is a housing bill that hasn't even been 71 00:07:44.360 --> 00:07:56.579 Jenny Griffin: made legal yet, but I… I was so insulted when I read this, the text for this bill last night, that this morning I contacted Mr. Becker's office 72 00:07:56.660 --> 00:08:09.410 Jenny Griffin: my assemblymember, Patrick Ahrens, and I called Mrs. Quirk Silva's office in Southern California. I have never been so insulted in my life. This bill is attempting to 73 00:08:09.630 --> 00:08:15.370 Jenny Griffin: have townhouse, any townhouse, Project B… 74 00:08:15.820 --> 00:08:26.429 Jenny Griffin: okayed ministerially. They actually said in the text of the bill that the public would not have any way of putting… giving input on the project. 75 00:08:26.850 --> 00:08:31.430 Jenny Griffin: I have never been… it was like it treated the public like they were stupid. 76 00:08:31.610 --> 00:08:38.069 Jenny Griffin: And I really think it is important. I just wrote a letter to the City Council, I forwarded it to the Planning Commission. 77 00:08:38.340 --> 00:08:40.969 Jenny Griffin: I have no problem with 78 00:08:41.130 --> 00:08:53.959 Jenny Griffin: projects of any kind going… do their due diligence, going through the Planning Commission, the City Council, etc. But I cannot condone this bill with its insulting text. 79 00:08:54.030 --> 00:09:10.399 Jenny Griffin: And to me, it was a complete giveaway, and they didn't expect the public to read it. Well, I can tell you that I forwarded this to our neighborhood voices, because we just cannot have things like this happen anymore. I really feel… 80 00:09:10.400 --> 00:09:19.569 Jenny Griffin: upset, and I feel like Buffy Wicks and Mrs. Quirksilva have taken advantage of the public and are ignoring them. 81 00:09:19.840 --> 00:09:33.030 Jenny Griffin: I mean, I… believe me, I… I spend a lot of time at the city council meetings when I have other… I have family members that are elderly that we try to take care of, etc, etc. Other people do, too. 82 00:09:33.030 --> 00:09:42.679 Jenny Griffin: But I do not want to have someone else's assembly members telling me what I am allowed and not allowed to do. 83 00:09:42.810 --> 00:09:56.429 Jenny Griffin: Believe me, I've already voted for governor, and I took into account what I know about some of the politics of the candidates. But this bill is going to stop now. Thank you. 84 00:09:56.790 --> 00:10:01.359 Speaker 3 (Community Hall): Thank you, Jennifer. Our next speaker is Estevan Lopez. Welcome, Esteban. 85 00:10:08.330 --> 00:10:23.249 Estevan Lopez: Good evening, Chair and Commissioners. My name is Esteban Lopez. I'm a research analyst with the Bay Area Council. We represent more than 370 of the Bay Area's largest employers, whose members employ over 4.5 million workers across the region. I am here in strong support of the Summerhill Homes proposal. 86 00:10:23.250 --> 00:10:23.630 Speaker 2 (Community Hall): Pardon me? 87 00:10:23.630 --> 00:10:24.270 Estevan Lopez: driving. 88 00:10:24.520 --> 00:10:32.959 Speaker 2 (Community Hall): Pardon me, sorry, if you are speaking about the Summerhill development, that is for agenda item number 2, and you can speak during the oral communications portion of that. 89 00:10:32.960 --> 00:10:34.840 Estevan Lopez: I am so sorry. Sounds good, thank you. 90 00:10:34.840 --> 00:10:35.510 Speaker 2 (Community Hall): Thank you. 91 00:10:37.510 --> 00:10:40.989 Speaker 3 (Community Hall): We have no speakers in person, and no hands raised on Zoom, Chair. 92 00:10:41.580 --> 00:11:04.150 Speaker 2 (Community Hall): Great, thank you very much, City Clerk. So then we will move to the public hearings portion of this meeting. Agenda item 2 is to consider a residential project on 10268 Banley Drive with 27 three-story townhomes, including 5 affordable units. And so I will now open the public hearing. Before we move to the staff presentation, may we please have ex parte disclosures? I will start with Commissioner Rao, since he's remote. 93 00:11:06.790 --> 00:11:11.349 Santosh Rao: Yes, I met with the… applicant, and 94 00:11:11.850 --> 00:11:16.479 Santosh Rao: I reached out to the Garden Gate homeowners, but heard back from nobody. 95 00:11:19.730 --> 00:11:29.469 Speaker 2 (Community Hall): Thank you. We'll move to, I guess, going left to right. Commissioner Lenscogg? I met with the Summerhill, applicants and, and exchanged. 96 00:11:29.470 --> 00:11:32.540 Speaker 6 (Community Hall): A few emails for clarification questions, and that's it. 97 00:11:35.090 --> 00:11:41.330 Speaker 1 (Community Hall): Okay, I spoke with the owner of the building immediately behind this project, and I also. 98 00:11:41.537 --> 00:11:51.276 Speaker 7 (Community Hall): with the, with Apple's, legislative person, Rod Deirdon Jr, regarding Apple's, concerns about the project. Thank you. 99 00:11:53.150 --> 00:12:03.630 Speaker 2 (Community Hall): I have spoken with the developer, I have spoken with one of the landowners on the adjacent property, as well as one of the tenants of the adjacent property, and I have visited the site. 100 00:12:04.950 --> 00:12:07.670 Speaker 2 (Community Hall): I met with the, applicants as well. 101 00:12:08.200 --> 00:12:10.870 Speaker 2 (Community Hall): And I used to work in the building next door. 102 00:12:12.830 --> 00:12:18.149 Speaker 2 (Community Hall): Thank you very much. So then we will move to the staff presentation from our senior planner, John Martyr. 103 00:12:21.460 --> 00:12:22.160 Speaker 2 (Community Hall): Bye. 104 00:12:22.770 --> 00:12:27.039 Speaker 2 (Community Hall): Good evening, Commission, thank you so much. I'm Pugosch Planning Manager, and with me. 105 00:12:27.045 --> 00:12:38.035 Speaker 8 (Community Hall): I have John Martier, who will be making the presentation tonight as the project manager for the project, and we're here to answer any questions that the Commission may have. And I understand that the applicant has a presentation after. 106 00:12:38.585 --> 00:12:45.205 Speaker 8 (Community Hall): All right, thank you, Pugh, and thank you, Chair, for the introduction. Yes, I'm John Martiere, Senior Planner, and the City's Community. 107 00:12:45.210 --> 00:12:54.609 Speaker 9 (Community Hall): development department, and I've been the project manager of, 10268 Banley Drive, also known as Summerhill Homes 3, since, 108 00:12:54.940 --> 00:12:58.160 Speaker 9 (Community Hall): Since it's preliminary review days. So, 109 00:12:58.630 --> 00:13:14.990 Speaker 9 (Community Hall): As the agenda item was read, again, it's really just to consider a residential project with 27, three-story townhomes, which will include 5 affordable units, on an existing commercial office building on a 1.55-acre site. The applicant is Summerhill Homes. 110 00:13:15.790 --> 00:13:31.740 Speaker 9 (Community Hall): A little bit of background, this is a, exhibit that's taken from the staff report directly. As you can see, that the 1.5 acre site on Banley Drive, is highlighted in a, in a red dotted, 111 00:13:32.630 --> 00:13:43.150 Speaker 9 (Community Hall): square right there, just, just in between Mariani and Lazano on the east side of Banley. It's zoned, PCGML res, which means that, 112 00:13:43.150 --> 00:14:06.499 Speaker 9 (Community Hall): Uses that are general commercial, light industrial, and residential are allowed uses in this area. And, it is a mix of uses. Although most of the properties surrounding the site are a commercial office, you do have a church that's kitty corner across the street, as well as a single-family home development within the mixed zoning district. R1 uses are within 113 00:14:06.500 --> 00:14:22.020 Speaker 9 (Community Hall): 400 feet of the site, just on the other side of those commercial office developments across the street, as well as median density housing, duplexes and triplexes, I believe also fourplexes, within the R3 zone, just southwest of the site. 114 00:14:23.210 --> 00:14:26.940 Speaker 9 (Community Hall): It falls within North Dianza Special Area of the General Plan. 115 00:14:27.030 --> 00:14:46.059 Speaker 9 (Community Hall): as well as the North De Anza Conceptual Plan, which is a planning document approved by City Council in the mid-1970s that primarily focused on off-site street design for landscaping and sidewalk design, as well as interconnectivity between the parcels within this area. 116 00:14:48.100 --> 00:14:52.959 Speaker 9 (Community Hall): The applicant has submitted an SB330 application in July 2025. 117 00:14:53.150 --> 00:15:01.729 Speaker 9 (Community Hall): and submitted, the formal application, November 2025, well within the 180 days as, required by law. 118 00:15:02.800 --> 00:15:06.210 Speaker 9 (Community Hall): to invest the project under SP330. 119 00:15:06.390 --> 00:15:11.480 Speaker 9 (Community Hall): The site does, as mentioned prior, within a planned development zoning district. 120 00:15:11.940 --> 00:15:18.529 Speaker 9 (Community Hall): Which means that any residential development would default to the R3 zoning regulations, as this one is. 121 00:15:20.060 --> 00:15:34.120 Speaker 9 (Community Hall): So the application request is the 27 townhome project. These are townhome condominiums, split between, 4 separate buildings. 3 are of 6 units, with the one to the furthest east, being nine. 122 00:15:34.860 --> 00:15:53.690 Speaker 9 (Community Hall): 3 of the 5 BMR units are, gonna be median income. 2 will be deeded, to moderate income, and, because the 20%, calculation came up to 5.4, our BMR manual does allow that .4 units to be paid in lieu. 123 00:15:56.350 --> 00:16:08.479 Speaker 9 (Community Hall): So the resulting density of the site is 17.41 dwellings an acre, well within the 25 dwelling acres… 25 dwelling units an acre, excuse me, allowed within the city's general plan. 124 00:16:09.120 --> 00:16:11.599 Speaker 9 (Community Hall): And again, the, fourth three-story… 125 00:16:12.420 --> 00:16:19.470 Speaker 9 (Community Hall): The three-story buildings range from 2,120 to 2,822 square feet. 126 00:16:20.180 --> 00:16:23.110 Speaker 9 (Community Hall): And this project qualifies for density bonus. 127 00:16:24.960 --> 00:16:29.459 Speaker 9 (Community Hall): So the applicant is asking for 4 waivers and 1 concession. 128 00:16:30.070 --> 00:16:39.040 Speaker 9 (Community Hall): The first, waiver is a front setback. The R3 ordinance requires a 20-foot setback from the property line. They're proposing an 8-foot setback from the property line. 129 00:16:40.250 --> 00:16:45.269 Speaker 9 (Community Hall): Rear setback is, required to be 34 feet based upon, 130 00:16:46.210 --> 00:16:50.840 Speaker 9 (Community Hall): Based upon the standards of the R3 zone. 131 00:16:51.120 --> 00:16:54.810 Speaker 9 (Community Hall): And they're proposing 12 and a half feet instead from the property line. 132 00:16:55.830 --> 00:17:08.500 Speaker 9 (Community Hall): A very minor waiver, nonetheless, an objective standard is that within the outdoor parking areas or parking lots, you are required to have a 2-foot, planning strip at the ends of each parking aisle. 133 00:17:08.500 --> 00:17:17.249 Speaker 9 (Community Hall): They are foregoing that, standard, and really proposing around the 5, outdoor, guest parking spaces, just a, 134 00:17:17.430 --> 00:17:22.960 Speaker 9 (Community Hall): Just a pathway for motorists who park their car, and easy access in and out. 135 00:17:24.930 --> 00:17:30.760 Speaker 9 (Community Hall): And further, consistent with the, North De Anza Exceptional Plan area, 136 00:17:30.930 --> 00:17:44.950 Speaker 9 (Community Hall): on auxiliary streets like Banley Drive, the, the A development will be required to have a 25-foot setback, from the property line that's landscaped, as well as the landscape area to be 25 137 00:17:45.110 --> 00:17:47.090 Speaker 9 (Community Hall): Times the width… 138 00:17:47.770 --> 00:18:03.580 Speaker 9 (Community Hall): I think I'm right on that one, Pugh, 35 times the width of the, of the parcel. And so, it's as similar to the first waiver, instead of being a 25-foot average, they're proposing just 8- foot, at its closest point to the property line. 139 00:18:04.580 --> 00:18:19.829 Speaker 9 (Community Hall): The one concession, is for the development of 100% residential, development, where within the North De Anza Special Area, the general plan, requires primary uses to be office R&D, with limited commercial or residential uses. 140 00:18:21.420 --> 00:18:36.610 Speaker 9 (Community Hall): Here is the, design of the, of the building. Here's a rendering of it. I will let the applicant talk more about their design, which includes landscaping and whatever else, to the Planning Commission during their presentation. Do note that, 141 00:18:38.020 --> 00:18:53.350 Speaker 9 (Community Hall): part of the desk item was a correction to the design that was made as part of the public packet, where a prior rendering was added, not this one, which is the most current, but the plan set that the, Plan Commission got 142 00:18:53.350 --> 00:18:59.310 Speaker 9 (Community Hall): Directly does include all the correct sheets, including this rendering right here. 143 00:19:01.980 --> 00:19:17.579 Speaker 9 (Community Hall): environmental review, this, this application qualifies for Assembly Bill 130. We had our, CEQA consultant review this project, as well as, be reviewing the, traffic analysis, as well as the, 144 00:19:17.760 --> 00:19:35.099 Speaker 9 (Community Hall): any soil, soil sampling of the Phase 1s and Phase 2s. This, this project does qualify for AB130, so it would be statutorily exempt. We do have our consultant on, online right now, if you have any questions as it relates to CEQA. 145 00:19:36.340 --> 00:19:55.009 Speaker 9 (Community Hall): The recommended action is that the Planning Commission adopt the proposed draft resolutions, to recommend to City Council to find the project exempt from the California Environmental Quality Act, and approve the following pro- following permits, the architectural site approval, tentative final map, and the tree removal permit. And that… and the next step would be, 146 00:19:55.330 --> 00:20:03.170 Speaker 9 (Community Hall): the Commission's recommendation would be forwarded to Council on June 2nd for a decision on the project, and 147 00:20:03.480 --> 00:20:12.980 Speaker 9 (Community Hall): any member of the public could, could reconsider the project within 10 days of the decision being, made. And that concludes my presentation. 148 00:20:14.800 --> 00:20:19.020 Speaker 2 (Community Hall): Thank you very much, and I'll bring it back to the Commission. Do we have any clarifying questions? 149 00:20:24.340 --> 00:20:29.539 Speaker 7 (Community Hall): What was this building used for in the past? Was there ever any manufacturing done there? 150 00:20:32.780 --> 00:20:37.829 Speaker 9 (Community Hall): I don't recall. I know in the recent past, it's been primarily commercial office. 151 00:20:38.190 --> 00:20:39.369 Speaker 9 (Community Hall): Okay, thank you. 152 00:20:41.830 --> 00:20:48.139 Speaker 7 (Community Hall): I had, I had, probably a simple one. We had the benefit, the Commission had the benefit of receiving the plan sets. 153 00:20:48.145 --> 00:20:58.024 Speaker 10 (Community Hall): So we actually, you know, could get more information. Can you summarize for the people, you know, for the people who are getting this online, can you summarize the difference in the rendering? 154 00:21:00.150 --> 00:21:05.629 Speaker 9 (Community Hall): Sure, the rendering that was, as part of the agenda packet that the public was, 155 00:21:05.950 --> 00:21:18.650 Speaker 9 (Community Hall): shown was mostly… had more of a, almost like a mission-style or Spanish-style look to it, where this was more clean, more grays, rectilineal, and more of a modern look. 156 00:21:20.540 --> 00:21:23.550 Speaker 2 (Community Hall): Alright, thank you. Commissioner Winescobb? 157 00:21:23.550 --> 00:21:31.090 Speaker 6 (Community Hall): Can you give us information on who is occupying the existing structure, and if any businesses are being displaced? 158 00:21:32.230 --> 00:21:39.400 Speaker 9 (Community Hall): Sure, I know one… I think the owner, actually, is in one of the units, and he's an architect, and I think… I believe there's a, 159 00:21:39.930 --> 00:21:44.050 Speaker 9 (Community Hall): A studio, not a fitness studio, but a, like, almost like a… 160 00:21:44.930 --> 00:21:47.479 Speaker 9 (Community Hall): Special… not a special education studio, 161 00:21:47.610 --> 00:21:52.870 Speaker 9 (Community Hall): I'm gonna ask the applicant, do you… are you guys aware of who the current tenants are, Steve? 162 00:21:55.220 --> 00:21:56.030 Speaker 9 (Community Hall): That's right. 163 00:21:56.770 --> 00:21:57.799 Speaker 9 (Community Hall): And, and what? 164 00:21:58.480 --> 00:22:03.020 Speaker 9 (Community Hall): H&R Block's in there, okay, yes. And, assuming that they would… 165 00:22:04.580 --> 00:22:07.660 Speaker 9 (Community Hall): Assuming they would need to move once development started. 166 00:22:10.490 --> 00:22:11.930 Speaker 2 (Community Hall): Thank you. Commissioner Rao? 167 00:22:13.160 --> 00:22:17.000 Santosh Rao: Yes, can staff clarify what is the status of 168 00:22:17.590 --> 00:22:24.620 Santosh Rao: Or can staff clarify what plans are we supposed to be looking at to review this project? I understand the general plan, but… 169 00:22:24.770 --> 00:22:31.429 Santosh Rao: There are also certain conceptual plans that may apply, so can you clarify what is the scope of, 170 00:22:31.670 --> 00:22:32.880 Santosh Rao: review today. 171 00:22:33.280 --> 00:22:42.249 Speaker 9 (Community Hall): Sure, there's 3 governing documents for this parcel. The general plan, the zoning ordinance, as well as the North DeAnzo Conceptual Plan. 172 00:22:43.250 --> 00:22:46.680 Santosh Rao: Okay, and not the answer conceptual plan… 173 00:22:47.450 --> 00:22:52.780 Santosh Rao: It's a fairly old document, probably from the 70s or 80s, but it is a… 174 00:22:53.040 --> 00:22:57.889 Santosh Rao: It is an adopted plan, and therefore is still something that commissioners should consider. 175 00:22:58.820 --> 00:22:59.900 Speaker 9 (Community Hall): That's correct. 176 00:23:00.810 --> 00:23:10.709 Santosh Rao: Okay, and then the findings… In the resolutions and or the applicant's waiver requests, would counter any… 177 00:23:11.030 --> 00:23:14.219 Santosh Rao: requirements from the conceptual plan, is that the understanding? 178 00:23:15.410 --> 00:23:22.110 Speaker 9 (Community Hall): They have one waiver from the conceptual plan standards, which is the, landscape, setback along the front. 179 00:23:25.160 --> 00:23:27.610 Santosh Rao: Okay, so are we then seeing that the… 180 00:23:28.620 --> 00:23:33.189 Santosh Rao: Project is compliant with the conceptual plan, with the exception of that waiver. 181 00:23:33.850 --> 00:23:34.510 Speaker 9 (Community Hall): Correct. 182 00:23:35.730 --> 00:23:36.729 Santosh Rao: Okay, thank you. 183 00:23:39.250 --> 00:23:42.149 Speaker 2 (Community Hall): Commissioner Rao, are your questions answered? Your hand is still raised. 184 00:23:44.140 --> 00:23:47.649 Santosh Rao: I will yield for now, and I'll come back with more questions. 185 00:23:48.220 --> 00:23:50.330 Speaker 2 (Community Hall): I'm sorry, go on, go on, Vice Chair. 186 00:23:51.000 --> 00:23:54.980 Speaker 7 (Community Hall): Oh, sorry, but I hate to nitpick, but… in the… 187 00:23:55.600 --> 00:23:59.680 Speaker 7 (Community Hall): Third slide, they spelled Bandley wrong twice. 188 00:24:00.050 --> 00:24:05.259 Speaker 7 (Community Hall): So maybe you can fix that in the… you update this presentation. Thank you. 189 00:24:06.940 --> 00:24:08.990 Speaker 2 (Community Hall): Yeah, I had one clarifying question. 190 00:24:09.430 --> 00:24:27.380 Speaker 2 (Community Hall): On the… one of the draft resolutions for investing tentative map, item G, it reads that no easement or right-of- way exists currently that would be impeded or in conflict with the proposed subdivision. You know, new public access easements will be required to address 191 00:24:27.380 --> 00:24:40.230 Speaker 2 (Community Hall): the policies. So my understanding is that there is an existing easement, so I'm just wondering if this is the correct language to be using to say that none exist currently. 192 00:24:40.560 --> 00:24:42.599 Speaker 2 (Community Hall): And then second question would be. 193 00:24:43.080 --> 00:24:49.819 Speaker 2 (Community Hall): if we are creating new easements, you know, are there agreements to those, and what is that? 194 00:24:49.820 --> 00:25:03.790 Speaker 9 (Community Hall): Great question, Chair. There are current easements on site. You know, the language of that would mean, that the easements aren't being modified at all, and the development is around those easements, so those easements will remain as currently designed. 195 00:25:04.000 --> 00:25:13.649 Speaker 9 (Community Hall): There's no intention to… to create new easements on this site, just respect the current ones and to facilitate any cross, parcel access. 196 00:25:14.460 --> 00:25:19.510 Speaker 2 (Community Hall): Okay, so we are not creating new ones, but it says new public access easements will be required? 197 00:25:24.280 --> 00:25:27.800 Speaker 9 (Community Hall): Can you remind me… can you remind me where you're seeing that? It's the letter G. 198 00:25:28.110 --> 00:25:30.850 Speaker 2 (Community Hall): on page… I think, 4. 199 00:25:31.700 --> 00:25:36.150 Speaker 2 (Community Hall): of the… Except for one? Vesting tentative map approval. 200 00:25:39.000 --> 00:25:42.729 Speaker 2 (Community Hall): JP, general plan requires easement to close students. 201 00:25:43.160 --> 00:25:45.699 Speaker 2 (Community Hall): If you've answered, I can't take a look at. 202 00:25:46.270 --> 00:26:00.380 Speaker 8 (Community Hall): So the land use element of the general plan requires public access easements across streets that are proposed in the development, so if these are streets, then they would require public access easements, and that's what this is addressing, to be compliant with the general plan. 203 00:26:00.380 --> 00:26:06.000 Speaker 2 (Community Hall): Okay, so it's referring to just all of the new streets that are being created. Correct. Okay, understood. Thank you very much. 204 00:26:07.300 --> 00:26:09.420 Speaker 2 (Community Hall): Do we have any other questions? 205 00:26:11.750 --> 00:26:12.810 Speaker 2 (Community Hall): Commissioner Rao. 206 00:26:14.860 --> 00:26:21.370 Santosh Rao: Yes, so… I'm looking at the CEQA document. 207 00:26:21.880 --> 00:26:25.959 Santosh Rao: And it appears that we are looking to exempt CEQA. 208 00:26:26.160 --> 00:26:33.510 Santosh Rao: but yet there's a CEQA… memorandum included, how should we… treat that SQL memorandum. 209 00:26:36.830 --> 00:26:46.600 Speaker 9 (Community Hall): So the notice of exemption, or the exemption memorandum, essentially justifies the use of the statutory exemption of AB130. So it's… it's… 210 00:26:46.600 --> 00:26:59.420 Speaker 9 (Community Hall): Basically, this memorandum is a checklist, and you go through the table, and you look at it like a checklist, and they go through and say, well, here's a standard that any development that wants to utilize this statutory exemption has to meet. 211 00:26:59.440 --> 00:27:17.779 Speaker 9 (Community Hall): And so, as you go through that… the table, it should… it demonstrates that the… the scope of the project, the project site, more importantly, because it's where it's located, an example, it's surrounded by urban uses, it's… it's under… under 20 acres, I believe. It's not enough, you know, it's… it's, 212 00:27:17.780 --> 00:27:19.990 Speaker 9 (Community Hall): It's not on a, 213 00:27:20.140 --> 00:27:26.520 Speaker 9 (Community Hall): what do you call a Cortesi list site, so this qualifies statutorily for this, exemption. 214 00:27:27.550 --> 00:27:32.809 Santosh Rao: So, part of the table is also the FEMA designation. The project cannot be with an A. 215 00:27:32.990 --> 00:27:35.679 Santosh Rao: Special flood hazard area, is that right? 216 00:27:37.720 --> 00:27:38.280 Speaker 9 (Community Hall): Correct. 217 00:27:39.610 --> 00:27:43.329 Santosh Rao: Okay, and… Has that condition been met? 218 00:27:45.200 --> 00:27:50.040 Speaker 9 (Community Hall): All the conditions that would, qualify this for this statutory exemption have been met. 219 00:27:51.180 --> 00:27:54.840 Santosh Rao: Okay, and is the project on Bandley Drive? 220 00:27:56.860 --> 00:27:57.500 Speaker 9 (Community Hall): Yes. 221 00:27:58.240 --> 00:27:58.840 Santosh Rao: Okay. 222 00:27:59.620 --> 00:28:02.699 Santosh Rao: Has the project got any relation to Easter State Strife? 223 00:28:04.800 --> 00:28:07.319 Speaker 9 (Community Hall): Any relation to East Estates Drive? I don't believe so. 224 00:28:07.580 --> 00:28:08.170 Santosh Rao: Okay. 225 00:28:08.610 --> 00:28:12.009 Santosh Rao: The table shows a FEMA report. 226 00:28:12.990 --> 00:28:15.740 Santosh Rao: That is actually linking to Easter States, right? 227 00:28:19.580 --> 00:28:24.990 Santosh Rao: the FEMA report, or FEMA… I guess it's called the… 228 00:28:26.430 --> 00:28:29.410 Santosh Rao: Team of flood insurance rate map lookups. 229 00:28:29.700 --> 00:28:33.300 Santosh Rao: It's not a badly drive, it's an east-assist, right? So how should we treat that? 230 00:28:36.660 --> 00:28:41.659 Speaker 8 (Community Hall): Chair, if you could point to which page of the exemption document you're talking about, we can certainly take a look. 231 00:28:41.660 --> 00:28:42.430 Santosh Rao: age 14? 232 00:28:43.010 --> 00:28:47.950 Santosh Rao: Page 14 and page… 12. 233 00:28:48.910 --> 00:28:50.900 Santosh Rao: So, page 12 is the FEMA 234 00:28:51.900 --> 00:28:55.149 Santosh Rao: clarification. It's the first row in the table. 235 00:28:55.150 --> 00:29:04.859 Speaker 8 (Community Hall): So, my understanding is that it's a live link, and right now, the system is unavailable, so when I click on it, it says system unavailable, so I'm not able to confirm. 236 00:29:06.400 --> 00:29:08.289 Speaker 8 (Community Hall): The link on page 14. 237 00:29:08.660 --> 00:29:12.640 Santosh Rao: Yes, I've looked at that previously, and it is… It might be a lot. 238 00:29:12.640 --> 00:29:18.509 Speaker 8 (Community Hall): Live map, and so it might just be zooming to a different part of the city, but it appears to be a live map. 239 00:29:20.960 --> 00:29:30.619 Santosh Rao: Now, the address is actually embedded in the link, you can read it there. It's 164 East Estates Drive, Cupertino. You can read the address right there in the link. 240 00:29:31.860 --> 00:29:36.289 Speaker 8 (Community Hall): Sorry, I can't confirm the system is unavailable right now, my apologies. 241 00:29:36.690 --> 00:29:40.040 Santosh Rao: Sorry, if you look at page 14, footnote 12, 242 00:29:40.300 --> 00:29:47.540 Santosh Rao: the link is right there, and it states Easter State Stripe. So, I'm confused. Why is staff looking up Easter State Stripe for this project? 243 00:29:50.210 --> 00:29:55.679 Speaker 2 (Community Hall): I believe Commissioner Rao's just referring to the URL. It includes a different address. Check. 244 00:30:01.130 --> 00:30:10.809 Speaker 9 (Community Hall): while staff is looking, if Alexis or Rachel, who are part of the PlaceWorks team, can look at this link, it's, it's, note 12 on page 14. 245 00:30:12.060 --> 00:30:25.900 Alexis Mena, PlaceWorks: Yes, and I do have, we have screenshots of all of our sources, and I can confirm that we did map the correct address on Banley, and it, it is in the 500-year flood zone, not the 100-year, so it does qualify for the 246 00:30:25.900 --> 00:30:32.480 Alexis Mena, PlaceWorks: Exemption criterion, and we can update that note, certainly, prior to the next hearing. 247 00:30:32.870 --> 00:30:41.789 Santosh Rao: Okay, so Placeworks acknowledges that the written evidence does not include evidence that the address of the project is actually 248 00:30:42.050 --> 00:30:44.809 Santosh Rao: compliant with the FEMA checklist item, is that right? 249 00:30:45.370 --> 00:30:52.999 Alexis Mena, PlaceWorks: Well, the information in the table is correct. We can update… we can correct the, URLs provided in the footnote. 250 00:30:54.270 --> 00:30:59.119 Santosh Rao: Okay, but does… The document need to include written evidence. 251 00:30:59.730 --> 00:31:01.660 Santosh Rao: That's the address of the project. 252 00:31:02.310 --> 00:31:04.309 Santosh Rao: Meets the requirement in the table. 253 00:31:05.240 --> 00:31:10.900 Alexis Mena, PlaceWorks: That is what this… that is what the table describes, in the right-hand column, and so that information is correct. 254 00:31:11.060 --> 00:31:12.970 Alexis Mena, PlaceWorks: We just need to update the footnote. 255 00:31:15.980 --> 00:31:16.700 Santosh Rao: Okay. 256 00:31:17.280 --> 00:31:22.549 Santosh Rao: I gotta let this go for now, but I think the written evidence needs to include that before it goes to the Council. 257 00:31:22.800 --> 00:31:26.699 Santosh Rao: We need to probably include that in the condition of approval, that this is updated. 258 00:31:27.610 --> 00:31:37.170 Speaker 8 (Community Hall): We can certainly update the report before it gets to Council, but the documentation in, on page 12 indicates… oops. 259 00:31:37.600 --> 00:31:48.749 Speaker 8 (Community Hall): Fema's flood… God, it's jumping. FEMA's flood insurance rate map designates the project site as Zone X, and that, that, I believe, our consultants are confirming is accurate. 260 00:31:49.490 --> 00:31:52.350 Santosh Rao: Yes, it needs to include the evidence, and I would… 261 00:31:52.510 --> 00:31:56.829 Santosh Rao: Recommend that we not use live links for exactly the reason we just saw, it doesn't… 262 00:31:57.130 --> 00:32:01.470 Santosh Rao: Guarantee that the link is accessible during the hearing, so we should include a screenshot or 263 00:32:01.680 --> 00:32:06.620 Santosh Rao: Or a downloaded proof that the project site is actually compliant. 264 00:32:08.210 --> 00:32:09.510 Speaker 2 (Community Hall): Okay, thank you, Vice Chair. 265 00:32:10.690 --> 00:32:21.090 Speaker 7 (Community Hall): No, yeah, thank you, Commissioner Rao. I think… I mean, the issue here is probably they took a document for East Estates and did some kind of search and replace without actually looking at all. 266 00:32:21.350 --> 00:32:25.920 Speaker 7 (Community Hall): the things in the document, which is really not acceptable. I mean… 267 00:32:26.190 --> 00:32:33.659 Speaker 7 (Community Hall): To have a completely different address in the link is just, is… it's sloppy. Thank you. 268 00:32:35.800 --> 00:32:36.600 Speaker 2 (Community Hall): Commissioner Rowe? 269 00:32:37.800 --> 00:32:39.700 Santosh Rao: Yes, I have more questions. 270 00:32:40.520 --> 00:32:44.069 Santosh Rao: So, I'm looking at the written evidence. 271 00:32:44.870 --> 00:32:51.199 Santosh Rao: And we require that we notify the tribes within 14 days of the application being deemed complete. Is that correct? 272 00:32:54.190 --> 00:32:54.679 Speaker 2 (Community Hall): That's correct. 273 00:32:54.680 --> 00:32:55.890 Santosh Rao: Simple stuff. Okay. 274 00:32:55.890 --> 00:32:56.260 Speaker 2 (Community Hall): Yes. 275 00:32:56.260 --> 00:32:59.210 Santosh Rao: But it appears that we did not meet that window. 276 00:32:59.660 --> 00:33:02.869 Santosh Rao: Because the notification went over for 16 days. 277 00:33:03.190 --> 00:33:04.159 Santosh Rao: Why was there? 278 00:33:07.480 --> 00:33:08.420 Speaker 2 (Community Hall): Where you see that? 279 00:33:09.940 --> 00:33:12.700 Santosh Rao: The project was deemed complete on November 3rd. 280 00:33:13.130 --> 00:33:16.659 Santosh Rao: The notification letters went out on November 13th… on November 19th. 281 00:33:21.720 --> 00:33:23.790 Santosh Rao: So we missed the deadline, what does that mean? 282 00:33:25.020 --> 00:33:26.530 Community Hall: I don't believe we missed the deadline. 283 00:33:28.570 --> 00:33:31.819 Santosh Rao: Okay, I'm confused. So, is there a 14-day requirement? 284 00:33:34.540 --> 00:33:37.390 Speaker 9 (Community Hall): I'll defer to Placeworks to clarify that point. 285 00:33:44.550 --> 00:33:51.790 Alexis Mena, PlaceWorks: It is a 14-day requirement, however, state statute stipulates, how 286 00:33:52.080 --> 00:34:00.230 Alexis Mena, PlaceWorks: days are counted for different purposes, and I'm… off the top of my head, I'm, not sure if, 287 00:34:02.590 --> 00:34:07.199 Alexis Mena, PlaceWorks: It's every calendar day, or if it has to do with business days, so I'm looking into that right now. 288 00:34:07.500 --> 00:34:12.990 Alexis Mena, PlaceWorks: Because different methodologies sometimes result in different, ways of counting the days. 289 00:34:14.210 --> 00:34:18.139 Santosh Rao: Okay, and where is it documented as to what methodology was used? 290 00:34:21.929 --> 00:34:23.759 Alexis Mena, PlaceWorks: That's what I'm looking into right now. 291 00:34:24.080 --> 00:34:24.679 Santosh Rao: Okay. 292 00:34:25.460 --> 00:34:28.130 Santosh Rao: Another, question for staff. 293 00:34:28.570 --> 00:34:33.160 Santosh Rao: Where is the written evidence of what was the date when we found the… 294 00:34:33.530 --> 00:34:39.290 Santosh Rao: Application to be deemed complete, because a number of these deadlines run off of that date. 295 00:34:39.750 --> 00:34:43.730 Santosh Rao: And where in the evidence packet is the written evidence that 296 00:34:44.070 --> 00:34:47.549 Santosh Rao: What was the date that the application was deemed complete? 297 00:34:54.940 --> 00:34:57.320 Speaker 8 (Community Hall): Staff's looking that up right now, sir, for you. 298 00:35:16.510 --> 00:35:20.400 Speaker 9 (Community Hall): We deem the application to be, January 16th, 2026. 299 00:35:27.280 --> 00:35:30.789 Santosh Rao: Wait, I'm confused. I thought it was number 3rd. 300 00:35:31.310 --> 00:35:34.050 Santosh Rao: 2025, is that? Am I wrong? 301 00:35:39.600 --> 00:35:51.960 Speaker 9 (Community Hall): I believe for purposes of AB130, a complete application to commence notification of tribes is when they submit the SB3… once they submit the application, the formal application. 302 00:35:52.070 --> 00:35:55.509 Speaker 9 (Community Hall): If they had submitted an SB330 application prior. 303 00:36:00.990 --> 00:36:05.460 Santosh Rao: So, we notified the tribes on November 19th. 304 00:36:05.660 --> 00:36:08.830 Santosh Rao: But you're saying the application was not deemed complete at that time? 305 00:36:10.230 --> 00:36:17.809 Speaker 8 (Community Hall): So, deemed complete for purposes of CEQA documentation is different from deemed complete for purposes of Permit Streamlining Act. 306 00:36:18.840 --> 00:36:22.539 Santosh Rao: Okay, so which one should we talk about when we talk about tribal notifications? 307 00:36:23.310 --> 00:36:24.290 Speaker 8 (Community Hall): the CEQA. 308 00:36:25.020 --> 00:36:31.360 Speaker 8 (Community Hall): And in the statute itself, it also kind of ties it back to the data of the application. 309 00:36:31.390 --> 00:36:46.819 Speaker 8 (Community Hall): for projects that have submitted for SB330 pre-applications. So it's a little bit complicated in terms of the timeline, however, the city has not missed a deadline, and November 19th is the date that the tribal notifications were sent out. 310 00:36:49.090 --> 00:36:52.870 Santosh Rao: Okay, so the CEQA deemed complete was November 3rd, correct? 311 00:36:57.210 --> 00:36:58.010 Speaker 8 (Community Hall): Correct. 312 00:36:58.310 --> 00:37:10.079 Santosh Rao: Okay, so I don't understand how we have not missed the deadline. The deadline's 14 days. We did miss the deadline, and we were at 16 days. I will let that be. I will move on to the next question. 313 00:37:10.910 --> 00:37:17.190 Santosh Rao: Are these tribal outreach required to document any outcome from the tribal outreach? 314 00:37:21.280 --> 00:37:32.679 Speaker 9 (Community Hall): Yes, we did have some tribes, reach back out to us, just to acknowledge receipt of the… of the communication, but none, none, requested any type of consultation. 315 00:37:33.280 --> 00:37:34.130 Speaker 9 (Community Hall): Formally. 316 00:37:34.360 --> 00:37:37.390 Santosh Rao: And for the tribes that we reach out to, we need an explicit 317 00:37:37.920 --> 00:37:41.720 Santosh Rao: Confirmation that they have no issues, or they give approval. 318 00:37:42.410 --> 00:37:43.719 Speaker 9 (Community Hall): A no response. 319 00:37:44.010 --> 00:37:47.330 Speaker 9 (Community Hall): Would mean that they'd forego their, consultation. 320 00:37:47.690 --> 00:37:51.839 Santosh Rao: Okay, so no response means they expired their deadline to respond. 321 00:37:52.200 --> 00:37:52.810 Speaker 9 (Community Hall): Correct. 322 00:37:53.160 --> 00:37:58.580 Santosh Rao: Okay, because I didn't see… any response documented for the Indian Kenyan? 323 00:37:59.100 --> 00:38:04.880 Santosh Rao: Consultation, so is that just… It would be good to just document that no response was received. 324 00:38:09.070 --> 00:38:11.820 Santosh Rao: I will withhold further questions and yield back then. 325 00:38:13.230 --> 00:38:16.189 Speaker 2 (Community Hall): Thank you. Any other clarifying questions from the Commission? 326 00:38:17.690 --> 00:38:19.030 Speaker 6 (Community Hall): Commissioner Linskog. 327 00:38:19.230 --> 00:38:32.290 Speaker 6 (Community Hall): Yeah, and just to go back to my earlier question, have we had any conversations with the small businesses that are being displaced in terms of helping them find, replacement locations within the city? 328 00:38:32.295 --> 00:38:38.825 Speaker 9 (Community Hall): Our Economic Development Manager, I know, has been on site a number of times to talk with the current businesses. 329 00:38:39.235 --> 00:38:41.304 Speaker 9 (Community Hall): And offer his support for relocation. 330 00:38:41.725 --> 00:38:48.775 Speaker 6 (Community Hall): So, can I suggest that in the future we include this information in the staff report, so we don't have to ask? 331 00:38:49.445 --> 00:38:50.365 Speaker 6 (Community Hall): Thank you. 332 00:38:52.440 --> 00:38:56.380 Speaker 2 (Community Hall): Thank you. Any further questions from the Commission? Vice Chair? 333 00:38:56.380 --> 00:38:59.440 Speaker 7 (Community Hall): No, so going back to what Commissioner Rao raised. 334 00:38:59.830 --> 00:39:03.910 Speaker 7 (Community Hall): What is the… what are the repercussions, 335 00:39:05.020 --> 00:39:11.470 Speaker 7 (Community Hall): for us missing that 14-day window, because it seems like he's correct. I went and looked at the, 336 00:39:11.590 --> 00:39:17.010 Speaker 7 (Community Hall): requirement in state law. It's not, like, 14 business days, it's 14 calendar days. 337 00:39:17.170 --> 00:39:20.860 Speaker 7 (Community Hall): And it looks like we clearly missed it by 2 days. Is there… 338 00:39:21.200 --> 00:39:23.900 Speaker 7 (Community Hall): Anything we have to do to rectify this? 339 00:39:30.320 --> 00:39:31.110 Speaker 9 (Community Hall): odd. 340 00:39:31.280 --> 00:39:40.899 Speaker 9 (Community Hall): Well, we're still looking to see, yeah, we don't believe we missed the deadlines, and we believe we're… we firmly believe we're in compliance with the, with AB130. 341 00:39:40.900 --> 00:39:43.750 Speaker 7 (Community Hall): Okay, so it's not… you're saying it's not 14 days, then? 342 00:39:46.860 --> 00:39:54.280 Speaker 8 (Community Hall): I believe it is 14 days, I'm just trying to find the reference back from the 14 days. I'm just… we're trying to confirm that. Okay. 343 00:39:56.760 --> 00:39:57.630 Speaker 2 (Community Hall): Commissioner Rao? 344 00:39:59.150 --> 00:40:05.650 Santosh Rao: Yeah, maybe question for either staff, or… I don't know who, maybe placeworks, or staff, or Etni, who… 345 00:40:06.910 --> 00:40:09.319 Santosh Rao: If the deadline was missed, what does it mean? 346 00:40:15.740 --> 00:40:32.410 Speaker 8 (Community Hall): Again, we don't believe we've missed any deadlines, but in terms of, hypothetically, if we had missed a deadline, we have… we still have had the tribal notification. There are actually requirements in the state law for standard conditions of approval that would apply to the project from a… 347 00:40:32.410 --> 00:40:39.619 Speaker 8 (Community Hall): From a tribal consultation perspective, those conditions would be automatically included in the resolutions and the requirements. 348 00:40:41.760 --> 00:40:46.259 Santosh Rao: Okay, so if we miss the 14-day tribal notification window. 349 00:40:46.390 --> 00:40:54.140 Santosh Rao: Does it mean that we still have to view this project under AB130, or is it… Exempt from AB130. 350 00:40:59.310 --> 00:41:02.469 Speaker 8 (Community Hall): Again, we don't believe we've missed any deadlines, but we'll look into that. 351 00:41:02.790 --> 00:41:04.559 Santosh Rao: That is not the question. 352 00:41:05.110 --> 00:41:08.020 Santosh Rao: To staff, the question is, what are the… 353 00:41:08.280 --> 00:41:12.769 Santosh Rao: implication of missing the window, does it mean the project is exempt from AB130? 354 00:41:13.150 --> 00:41:16.510 Speaker 8 (Community Hall): That would probably be a legal question that we'll have to look into. 355 00:41:17.310 --> 00:41:18.200 Santosh Rao: Maybe… 356 00:41:18.200 --> 00:41:18.769 Speaker 8 (Community Hall): So, Commissioner… 357 00:41:18.770 --> 00:41:19.270 Santosh Rao: We're typically… 358 00:41:19.270 --> 00:41:24.080 Speaker 8 (Community Hall): Basically, when one misses a deadline, then you look to the party or man standing to challenge that action. 359 00:41:24.570 --> 00:41:39.920 Speaker 11 (Community Hall): And that party would be the tribes, and they're no longer here, just hypothetically. But at this point, the belief, the understanding is that the deadlines were complied with, and there's… there's no entity to challenge this. 360 00:41:40.300 --> 00:41:41.400 Speaker 11 (Community Hall): CEQA document. 361 00:41:44.050 --> 00:41:49.240 Santosh Rao: Okay. I will just remind staff that the determination of whether the deadline was missed 362 00:41:49.390 --> 00:41:51.390 Santosh Rao: Will be left to commissioners. 363 00:41:51.740 --> 00:41:54.820 Santosh Rao: But I hear and acknowledge what Etnebu said. 364 00:41:57.470 --> 00:42:07.350 Speaker 2 (Community Hall): Well, can I just clarify? So, let's assume if a deadline was missed for this one particular, sub-item within the AB130, 365 00:42:07.660 --> 00:42:12.460 Speaker 2 (Community Hall): would that invalidate the entire AB130 application? How does that work? 366 00:42:13.770 --> 00:42:24.630 Speaker 2 (Community Hall): would they just, you know, assuming it was invalidated, would they just redo the entire AB130 application with all the deadlines met, and then, you know, I assume the results would be similar? Like, how… what exactly are we looking at? 367 00:42:28.740 --> 00:42:33.380 Speaker 8 (Community Hall): That would… we'd have to look into the legal implications of that. We have not evaluated that prospect. 368 00:42:34.150 --> 00:42:34.780 Speaker 2 (Community Hall): Okay. 369 00:42:35.180 --> 00:42:35.940 Speaker 2 (Community Hall): Thank you. 370 00:42:37.030 --> 00:42:38.320 Speaker 2 (Community Hall): Commissioner Rao? 371 00:42:40.980 --> 00:42:44.099 Santosh Rao: Oh, did I have my hand raised? I'm gonna lower my hand. Okay. 372 00:42:44.700 --> 00:42:47.829 Speaker 2 (Community Hall): Okay, do we have any further clarifying questions from the Commission? 373 00:42:49.640 --> 00:42:53.899 Speaker 2 (Community Hall): Okay, then we will move on to the applicant presentation. 374 00:43:07.090 --> 00:43:11.629 Speaker 2 (Community Hall): Good evening, Planning Commissioners. My name is Jared Brotman, Director of Development with Summerhill Homes. 375 00:43:11.810 --> 00:43:13.620 Speaker 2 (Community Hall): I'm joined tonight by Steve Bull. 376 00:43:13.620 --> 00:43:20.319 Speaker 12 (Community Hall): VP of Development for the project, Kevin Ibrahimi, Senior Vice President of Development, and members of our design team. 377 00:43:21.000 --> 00:43:24.090 Speaker 12 (Community Hall): We'd like to thank you for the opportunity to present our project to you tonight. 378 00:43:25.610 --> 00:43:29.969 Speaker 12 (Community Hall): For those of you not familiar with Summerhill, we're a local residential builder based in San Ramon. 379 00:43:30.090 --> 00:43:34.199 Speaker 12 (Community Hall): Since 1976, we've built over 7,000 homes across the Bay Area. 380 00:43:34.500 --> 00:43:38.610 Speaker 12 (Community Hall): We truly pride ourselves on the quality of our homes and the communities that we build. 381 00:43:39.960 --> 00:43:50.520 Speaker 12 (Community Hall): We're really excited to bring another thoughtfully designed community to the North Dans area, which will bring new homes within walking distance of the commercial centers along Stevens Creek, including Target and Whole Foods. 382 00:43:50.930 --> 00:43:56.780 Speaker 12 (Community Hall): The project will also be within walking distance of Cupertino's Memorial Park, Garden Gate Elementary. 383 00:43:57.080 --> 00:43:59.470 Speaker 12 (Community Hall): Collins Elementary, and Lawson Middle School. 384 00:44:00.430 --> 00:44:06.940 Speaker 12 (Community Hall): Before I discuss the project further, I'd like to take a moment to thank staff for their assistance and professionalism throughout the process. 385 00:44:07.230 --> 00:44:13.549 Speaker 12 (Community Hall): In particular, John Martiere, for always being on top of it and being able to address questions in a timely manner. 386 00:44:14.240 --> 00:44:16.669 Speaker 12 (Community Hall): We'd also like to thank Luke Connolly in planning. 387 00:44:16.840 --> 00:44:22.860 Speaker 12 (Community Hall): Jennifer Chu in Public Works, as well as Matthew McKenna and Caleb Flanagan, Santa Clara County Fire. 388 00:44:23.890 --> 00:44:25.159 Speaker 12 (Community Hall): Next slide, please. 389 00:44:27.040 --> 00:44:30.680 Speaker 12 (Community Hall): We're proposing to develop 27 townhome-style condominiums. 390 00:44:31.020 --> 00:44:40.700 Speaker 12 (Community Hall): The project consists of 3- and 4-bedroom units for growing families, which range in size from 1,500 to 2,300 square feet, each of which will have a 2-car garage. 391 00:44:41.780 --> 00:44:51.160 Speaker 12 (Community Hall): All of the homes will be made for sale, with the majority of them being market rate. However, 5 of them will be designated as below market rate, and sold through the city's affordable housing program. 392 00:44:51.880 --> 00:44:53.109 Speaker 12 (Community Hall): Next slide, please. 393 00:44:54.910 --> 00:45:00.030 Speaker 12 (Community Hall): We work closely with city staff to develop a project that complies with Cupertino's development standards. 394 00:45:00.470 --> 00:45:08.669 Speaker 12 (Community Hall): In addition, we conducted outreach to the neighboring property owners and tenants to minimize both construction- related disruptions and long-term impacts. 395 00:45:09.700 --> 00:45:18.459 Speaker 12 (Community Hall): Additionally, we're in receipt of an email request yesterday from one of our neighboring property owners. The request includes a list of 8 items to be considered for our project. 396 00:45:19.060 --> 00:45:24.949 Speaker 12 (Community Hall): The items were reasonable and manageable, and will be incorporated into the plans and associated project documents. 397 00:45:25.590 --> 00:45:32.659 Speaker 12 (Community Hall): To address the last item on the list, we have included a 7-foot-tall acoustic fence in accordance with the city's fencing ordinance. 398 00:45:34.210 --> 00:45:41.660 Speaker 12 (Community Hall): Throughout the Bay Area, Summerhill has a strong track record of transforming underutilized commercial properties into successful residential communities. 399 00:45:42.040 --> 00:45:49.659 Speaker 12 (Community Hall): These projects often serve as catalysts for thoughtful evolution… thoughtful evolution of transitional areas between residential and commercial uses. 400 00:45:50.260 --> 00:45:59.269 Speaker 12 (Community Hall): And although this site was not designated as a housing priority site in the housing element, staff has confirmed that these units to be built can be counted towards the city's RENA numbers. 401 00:45:59.780 --> 00:46:00.990 Speaker 12 (Community Hall): Next slide, please. 402 00:46:03.660 --> 00:46:17.399 Speaker 12 (Community Hall): We hosted a neighborhood meeting in April of 2025, submitted our SB330 preliminary application in July of 2025, and made a formal submittal to the City in November of 2025, including a request for AB130 CEQA exemption. 403 00:46:18.560 --> 00:46:27.700 Speaker 12 (Community Hall): After the project was deemed complete in January 26, we worked closely with staff and the fire department through several rounds of detailed review of the plans and technical reports. 404 00:46:28.270 --> 00:46:29.720 Speaker 12 (Community Hall): Can we go to the next slide, please? 405 00:46:30.790 --> 00:46:35.399 Speaker 12 (Community Hall): The architectural design adopts a contemporary style that fits well with the surrounding neighborhood. 406 00:46:35.770 --> 00:46:41.149 Speaker 12 (Community Hall): Simple shapes, like flattened hip roofs, add visual interest, while keeping an overall balanced look. 407 00:46:41.700 --> 00:46:47.580 Speaker 12 (Community Hall): A mix of materials, including stucco, siding, and metal details, creates a variety and a polished appearance. 408 00:46:48.320 --> 00:46:56.960 Speaker 12 (Community Hall): Subtle changes in the building form and detailing help reduce the building's perceived massing to one that is appropriate for a residential community in an urban setting. 409 00:46:57.960 --> 00:47:05.570 Speaker 12 (Community Hall): And to maintain the walkability of the area, homes facing Banley will have doors facing the street, but the garages hidden behind the homes. 410 00:47:06.120 --> 00:47:17.739 Speaker 12 (Community Hall): Additionally, the homes have been oriented so that the main windows for the bedrooms and living rooms face towards Banley or back towards North De Anza to minimize the privacy impact to the neighboring uses. 411 00:47:18.190 --> 00:47:19.419 Speaker 12 (Community Hall): Next slide, please. 412 00:47:22.230 --> 00:47:29.700 Speaker 12 (Community Hall): In addition to complying with the state energy code and the City's REACH code, the project will be all electric, and all homes will be equipped with solar panels. 413 00:47:30.340 --> 00:47:38.319 Speaker 12 (Community Hall): The community will include drought-tolerant landscaping, water-conserving irrigation systems, and low-impact design for the treatment of stormwater runoff. 414 00:47:39.700 --> 00:47:43.800 Speaker 12 (Community Hall): Also, every garage will be EV-ready for a level 2 EV charger. 415 00:47:44.650 --> 00:47:45.890 Speaker 12 (Community Hall): Next slide, please. 416 00:47:47.980 --> 00:47:57.280 Speaker 12 (Community Hall): The project will provide several important community benefits. First, it will provide 27 new homes, giving first- time homebuyers and families the opportunity to purchase a home in Cupertino. 417 00:47:58.000 --> 00:48:04.049 Speaker 12 (Community Hall): Second, we're proposing to designate 5 of the homes as below market rate to median and moderate income households. 418 00:48:05.130 --> 00:48:12.549 Speaker 12 (Community Hall): And finally, the project will contribute approximately $1.3 million in park fees, $285,000 in school fees. 419 00:48:12.700 --> 00:48:16.820 Speaker 12 (Community Hall): And a surplus of $18,000 annually to the city's general fund. 420 00:48:17.120 --> 00:48:23.640 Speaker 12 (Community Hall): From estimated property tax, sales tax, and parcel transfer taxes, as confirmed by the city's third-party consultant. 421 00:48:24.050 --> 00:48:27.410 Speaker 12 (Community Hall): We will also be making a contribution to the city's public art program. 422 00:48:27.950 --> 00:48:29.130 Speaker 12 (Community Hall): Next slide, please. 423 00:48:30.940 --> 00:48:35.539 Speaker 12 (Community Hall): Thank you again for your consideration of our project, and we respectfully request recommendation this evening. 424 00:48:37.710 --> 00:48:42.200 Speaker 2 (Community Hall): Thank you very much. So we will bring this back to the Commission. Do we have any clarifying questions for the applicant? 425 00:48:44.580 --> 00:49:03.280 Speaker 2 (Community Hall): I'll have one, I'll go first. So you mentioned a 7-foot-tall acoustic fence, and I did see that in the plans as well, yet in the staff report, it mentions an 8-foot-tall sound wall… sound barrier. So what is actually going to be the final wall, or fence? 426 00:49:04.150 --> 00:49:11.749 Speaker 12 (Community Hall): So the plans spec a 7-foot fence, and it's considered an acoustic barrier based on the density and the way that the boards are lined up. 427 00:49:13.290 --> 00:49:18.839 Speaker 2 (Community Hall): Okay, then I suppose this might be a staff question, then, because the staff report says 8 feet on the fence. 428 00:49:22.270 --> 00:49:24.530 Speaker 9 (Community Hall): For the conditional approval, or in the staff report? 429 00:49:24.530 --> 00:49:27.150 Speaker 2 (Community Hall): In the conditions of approval, yes. Well, we… 430 00:49:27.155 --> 00:49:36.155 Speaker 9 (Community Hall): there's enough flexibility in there that we can use any type of sound mitigation measure, compared to what's there currently, which is, I believe, a 7-foot wooden fence. Okay. 431 00:49:36.375 --> 00:49:52.635 Speaker 2 (Community Hall): And do you feel that a fence is sufficient in… I did go to the site and listen to the… I don't know if it's HVAC or generator noise. Do you feel that a wooden fence is sufficient in mitigating that noise, or would something stronger or thicker be more appropriate? 432 00:49:53.135 --> 00:49:58.395 Speaker 2 (Community Hall): Yeah, we have used that type of fencing, and we do feel it's appropriate. Okay, thank you. 433 00:50:00.240 --> 00:50:01.229 Speaker 6 (Community Hall): Commissioner Owensko. 434 00:50:01.340 --> 00:50:04.709 Speaker 6 (Community Hall): Yeah, I just wanted to clarify, so it's not just a simple wooden fence? 435 00:50:05.020 --> 00:50:09.439 Speaker 6 (Community Hall): That's correct. It's rated per our acoustical consultant's design. 436 00:50:12.470 --> 00:50:13.150 Speaker 2 (Community Hall): Fisher? 437 00:50:13.900 --> 00:50:18.800 Speaker 7 (Community Hall): Oh, can you put the slide back up with the, what the neighbors requested? 438 00:50:20.020 --> 00:50:21.480 Speaker 7 (Community Hall): For the, 439 00:50:21.670 --> 00:50:30.209 Speaker 7 (Community Hall): You said you were… They didn't have a slide. Oh, they didn't have a slide for that, okay. There was an email… Okay, I saw the email. Okay, thank you. 440 00:50:33.370 --> 00:50:37.609 Speaker 7 (Community Hall): So, how do we incorporate that into our motion, then? 441 00:50:39.340 --> 00:50:44.810 Speaker 7 (Community Hall): To require all the items that were in that email that the applicant is agreeing to. 442 00:50:45.465 --> 00:50:56.194 Speaker 9 (Community Hall): So we do have a CCNR condition in the ASA, that… well, one thing is that it's, there's… incorporating in the CCNRs will be a notification of neighboring uses that each 443 00:50:56.335 --> 00:51:00.405 Speaker 9 (Community Hall): When they… When a new homer comes in inside their… 444 00:51:01.235 --> 00:51:17.674 Speaker 9 (Community Hall): I guess, CCR packet, that they would acknowledge that there'll be existing uses that are non-residential and whatnot. You know, Pugh, you can feel free to jump in, but you would… I mean, the Planning Commission could be more specific within that condition if there's certain things that you want to see. 445 00:51:17.675 --> 00:51:32.244 Speaker 8 (Community Hall): a few things that that email brought up. One thing was the easement, the cross-easement, which is a civil document that kind of is between the two parties. It allows, going over that property line, and so… 446 00:51:32.245 --> 00:51:45.414 Speaker 8 (Community Hall): Any park… it doesn't necessarily address parking. It does address parking in one portion, but that doesn't pertain to it as it stands today. So, if the property owner could put up private signs to ensure that towing, you know. 447 00:51:45.415 --> 00:51:47.324 Speaker 8 (Community Hall): Towing would be allowed on that site. 448 00:51:47.325 --> 00:51:58.665 Speaker 8 (Community Hall): So, that's not pertaining to this project, that's something that they would do on their own side. There's no change to the easement documents. Like we said, those are… that's a document that two parties have entered into. 449 00:51:58.835 --> 00:52:04.715 Speaker 8 (Community Hall): No, the other thing that they agreed to was the acoustical wall, which was, which… 450 00:52:05.175 --> 00:52:09.795 Speaker 8 (Community Hall): applicant is agreeing to do, and there's already a condition of approval in the resolutions. 451 00:52:09.795 --> 00:52:32.874 Speaker 8 (Community Hall): And finally, with respect to the ongoing easement, no changes are being proposed to that easement, so there is no need to have any amendments, and we already have a condition of approval that addresses easements that kind of run with the property. So, those were all kind of incorporated into the draft resolutions that have been presented, just not in the form that was in the email, but they're all addressed. 452 00:52:33.970 --> 00:52:39.789 Speaker 7 (Community Hall): Okay, and… It shows the existing uses, but… 453 00:52:40.660 --> 00:52:46.329 Speaker 7 (Community Hall): The homeowners need to be notified of the possible uses that that land is zoned for. 454 00:52:46.335 --> 00:52:51.295 Speaker 8 (Community Hall): And the condition is broad, in the sense that it talks about, 455 00:52:51.465 --> 00:53:07.944 Speaker 8 (Community Hall): the fact that future adjacent… that adjacent uses could be non-residential, and not just what they exist as today, essentially. Right. So it could be any number of non-residential uses, so it's an acknowledgement that it may not be necessarily a compatible use that ends up. 456 00:53:08.220 --> 00:53:13.350 Speaker 7 (Community Hall): I mean, I was trying to research this today, and I found an example of 457 00:53:13.880 --> 00:53:24.559 Speaker 7 (Community Hall): residential community, all of a sudden, they put in a brewery right next to it with a… with outdoor seating and all, and they're complaining how noisy it is, but… 458 00:53:24.680 --> 00:53:33.590 Speaker 7 (Community Hall): It was an allowed use of that parcel, and just like, these are zoned for residential, commercial, industrial, right? 459 00:53:33.595 --> 00:53:49.514 Speaker 8 (Community Hall): Yes, that's right. And the general plan overall, overarchingly, kind of views this area as a non-residential area with some supporting residential uses. This project happens to be 100% residential use, which we have to allow due to the state laws and bills. 460 00:53:49.515 --> 00:54:02.565 Speaker 8 (Community Hall): But with that said, I mean, any future operation that may abut this use would still have to comply with the city's regulations regarding noise and other things, so that will be evaluated if such a thing were to occur. 461 00:54:02.625 --> 00:54:05.755 Speaker 8 (Community Hall): On… for the project itself, we're just gonna let the… 462 00:54:05.825 --> 00:54:10.134 Speaker 8 (Community Hall): future residents know that there are going to be non-residential uses around. Okay, thank you. 463 00:54:11.895 --> 00:54:13.544 Speaker 8 (Community Hall): Yes, Commissioner… oh, sorry. 464 00:54:14.115 --> 00:54:22.234 Speaker 8 (Community Hall): I did want, to hand the microphone to the, to, GP, chair for just a second to clarify then the tribe's issue. 465 00:54:22.235 --> 00:54:37.415 Speaker 9 (Community Hall): So, the… thank you. So the notification from the applicant to utilize AB130 was actually November 6th, so not November 3rd. So if we do two weeks from November 6th, it would be November 20th, would be the deadline to notify the tribes from those 14 days. So, the staff was… 466 00:54:38.035 --> 00:54:42.994 Speaker 9 (Community Hall): I mean, kind of close, but it was… the tribes were notified in time, and no deadlines were missed. 467 00:54:44.100 --> 00:54:47.469 Speaker 7 (Community Hall): And where is that November 6th in the documentation we have? 468 00:54:47.870 --> 00:54:48.970 Speaker 7 (Community Hall): What page? 469 00:54:48.970 --> 00:54:51.280 Speaker 9 (Community Hall): It's not there, but we can… 470 00:54:52.020 --> 00:55:11.229 Speaker 8 (Community Hall): We can add some, information in the Council staff report to lay out the dates, just to make it clear, and maybe the… because the CEQA exemption is going to be updated in any case to fix the URL, this information can be added to the CEQA exemption memo. But the date for that request received was November 6th, 2025. 471 00:55:11.720 --> 00:55:14.509 Speaker 7 (Community Hall): Okay, and so just where is the evidence of that? 472 00:55:17.370 --> 00:55:22.079 Speaker 9 (Community Hall): Well, we have… we do have the letter from the… from the applicant, which I could… 473 00:55:22.930 --> 00:55:25.719 Speaker 9 (Community Hall): either email, or I can… I can… We can… 474 00:55:25.725 --> 00:55:28.864 Speaker 7 (Community Hall): And that would be great to see before we vote today. Thank you. 475 00:55:30.725 --> 00:55:35.604 Speaker 7 (Community Hall): Commissioner Rao? Oh. Oh, I'm sorry. Okay, just go ahead. 476 00:55:35.610 --> 00:55:37.079 Santosh Rao: Through the… through the chair. 477 00:55:37.350 --> 00:55:42.409 Santosh Rao: I was just gonna say the… the, November 6th date in… 478 00:55:42.750 --> 00:55:49.890 Santosh Rao: In AB130 hearings, I think it's important to include written evidence of the dates, because all deadlines 479 00:55:50.120 --> 00:55:53.870 Santosh Rao: Start with the dates that we are given. 480 00:55:54.130 --> 00:55:55.410 Santosh Rao: And so… 481 00:55:55.780 --> 00:56:04.449 Santosh Rao: I believe there is still an outstanding question on whether this project is actually subject to AB130 if that deadline was missed. 482 00:56:04.630 --> 00:56:14.079 Santosh Rao: Absent written evidence of what the date that staff is claiming, there is no evidence to indicate the 14-day deadline was met based on the evidence in the document. 483 00:56:14.190 --> 00:56:23.179 Santosh Rao: So I just want to be careful that we are not sort of just… because this came up previously in a different hearing involving the same applicant. 484 00:56:23.300 --> 00:56:26.139 Santosh Rao: And we got a lot of backlash. 485 00:56:26.330 --> 00:56:32.029 Santosh Rao: After that meeting, that commissioners voted based on what was not in written evidence. 486 00:56:32.210 --> 00:56:37.180 Santosh Rao: And I urge commissioners to keep that in mind, and I urge staff to be 487 00:56:37.520 --> 00:56:45.139 Santosh Rao: Extra diligent in making sure the written evidence includes all evidence that should be considered, and no oral evidence should be considered. 488 00:56:48.240 --> 00:56:48.740 Santosh Rao: Thank you. 489 00:56:48.740 --> 00:56:49.780 Speaker 6 (Community Hall): Commissioner Lenscog? 490 00:56:49.910 --> 00:57:08.499 Speaker 6 (Community Hall): Yeah, so I just wanted to clarify, so one of the… one of the questions from the neighbors, or one of the statements from the neighbors to the north and south, was related to potential noise issues, like generators and other equipment and deliveries, so I just want to clarify that 491 00:57:08.740 --> 00:57:13.090 Speaker 6 (Community Hall): they are still subject to the city noise ordinance, is that correct? 492 00:57:15.180 --> 00:57:17.190 Speaker 6 (Community Hall): Correct. Okay, thank you. 493 00:57:18.690 --> 00:57:24.450 Speaker 2 (Community Hall): I also had one question around, just circulation, looking at this plan, you know, so… 494 00:57:24.830 --> 00:57:32.839 Speaker 2 (Community Hall): A lot of cars will be coming in the morning, will be coming into this property to cross over to the office building on the north. 495 00:57:34.530 --> 00:57:45.860 Speaker 2 (Community Hall): And then, at the same time, you'll have townhome residents trying to exit the property. Do you foresee that being any sort of traffic issue? Does there need to be, like, yield signage or something like that? 496 00:57:45.865 --> 00:57:55.665 Speaker 13 (Community Hall): So I've been in that, same spot in the morning and in afternoon during the time business hours our traffic consultant has. The volume is really… 497 00:57:56.135 --> 00:58:03.415 Speaker 13 (Community Hall): We haven't found anything to be a problem in respect to the amount of vehicles that will be traveling from the commercial buildings. 498 00:58:04.030 --> 00:58:05.669 Speaker 2 (Community Hall): Okay, great, thank you. 499 00:58:05.850 --> 00:58:06.920 Speaker 2 (Community Hall): Commissioner Rao? 500 00:58:08.010 --> 00:58:11.949 Santosh Rao: Yes, can the applicant or staff clarify what is the width of the road? 501 00:58:12.080 --> 00:58:15.669 Santosh Rao: The driveway inside the… Project that is, 502 00:58:16.010 --> 00:58:19.759 Santosh Rao: Either modified or newly being created, what is the width of the road? 503 00:58:20.510 --> 00:58:21.620 Speaker 2 (Community Hall): Side road is 30. 504 00:58:23.040 --> 00:58:28.819 Speaker 8 (Community Hall): Commissioner Rao, if you could clarify which pro- which driveway width you're requesting information on? 505 00:58:29.440 --> 00:58:34.109 Santosh Rao: Any new driveways created by the applicant within the project, what is the width of the driveway? 506 00:58:35.260 --> 00:58:37.050 Speaker 8 (Community Hall): We'll look that up in just a second. 507 00:58:40.690 --> 00:58:43.169 Speaker 6 (Community Hall): I believe it's 34 feet, I think it was in the map. 508 00:58:43.660 --> 00:58:47.109 Speaker 6 (Community Hall): Yeah, Commissioner Rao, I think I can answer the question. Just a… 509 00:58:47.370 --> 00:58:50.489 Speaker 6 (Community Hall): I'm gonna kind of re-ask the question back, but I think you're asking… 510 00:58:50.920 --> 00:59:03.699 Speaker 14 (Community Hall): the width… the width of the road on the north side, where it has the big access easement, that's 30 feet, which matches exactly the width of the access easement. The other roads within the development are 22 feet wide, curb to curb. 511 00:59:04.220 --> 00:59:05.210 Speaker 13 (Community Hall): the alleys. 512 00:59:06.970 --> 00:59:13.179 Santosh Rao: Okay, so… So, the North Dianza Conceptual Plan requires that any driveway within 513 00:59:13.540 --> 00:59:16.989 Santosh Rao: Any development project within these properties is 30 feet. 514 00:59:17.360 --> 00:59:20.530 Santosh Rao: Was that a waiver that was included in the findings? 515 00:59:20.530 --> 00:59:21.610 Speaker 13 (Community Hall): talking about? 516 00:59:23.960 --> 00:59:24.710 Speaker 13 (Community Hall): you know. 517 00:59:26.530 --> 00:59:28.570 Speaker 9 (Community Hall): I… I'm not… I'm not aware of that. 518 00:59:29.600 --> 00:59:30.160 Santosh Rao: Sorry? 519 00:59:32.480 --> 00:59:33.140 Speaker 9 (Community Hall): I… 520 00:59:34.170 --> 00:59:36.570 Santosh Rao: I'm sorry, I could not hear the staff response. 521 00:59:36.720 --> 00:59:38.349 Speaker 9 (Community Hall): Well, I don't understand your question. 522 00:59:40.010 --> 00:59:42.859 Santosh Rao: The question was, what is the width of the driveway? 523 00:59:43.110 --> 00:59:47.189 Santosh Rao: I believe the applicant clarified that there is at least one driveway at 22 feet. 524 00:59:47.860 --> 00:59:48.870 Santosh Rao: Is that correct? 525 00:59:49.480 --> 00:59:54.829 Speaker 13 (Community Hall): No, the driveway is not 22 feet, the alley is 22 feet, the driveway is 30 feet. 526 00:59:57.260 --> 00:59:59.539 Santosh Rao: What do you mean by that? 527 00:59:59.610 --> 01:00:00.570 Speaker 13 (Community Hall): So, yeah… 528 01:00:00.570 --> 01:00:04.730 Santosh Rao: Can you put up the… can you put up the sitemap? Can you see the sitemap when you… 529 01:00:04.960 --> 01:00:06.189 Santosh Rao: Respond to the question. 530 01:00:07.790 --> 01:00:10.709 Speaker 9 (Community Hall): So, he's referring to Street B, if you could show… 531 01:00:12.270 --> 01:00:14.560 Speaker 9 (Community Hall): The project plan from the applicant's slide. 532 01:00:24.280 --> 01:00:25.040 Speaker 9 (Community Hall): You want to stay true? 533 01:00:25.040 --> 01:00:25.689 Speaker 13 (Community Hall): for that. 534 01:00:28.020 --> 01:00:29.929 Speaker 9 (Community Hall): TV team, can you show the slide? 535 01:00:31.500 --> 01:00:34.130 Speaker 14 (Community Hall): Can I use this? Maybe it'd be helpful to point, so I can… 536 01:00:34.990 --> 01:00:38.760 Speaker 13 (Community Hall): You want us to do this here? We can show you. There you go. There is. 537 01:00:38.765 --> 01:00:43.025 Speaker 9 (Community Hall): So, the applicant is referring to Street B and Street D as being 22 feet. 538 01:00:44.055 --> 01:00:49.715 Speaker 9 (Community Hall): The driveway entrance along Banley is 32 and 36 feet, respectively, going north of Sally. 539 01:00:51.840 --> 01:00:54.539 Santosh Rao: Okay, so my comment then still holds. 540 01:00:55.770 --> 01:00:59.599 Santosh Rao: the page… 6, I guess, in Roman numeral. 541 01:01:00.530 --> 01:01:05.819 Santosh Rao: Number 3… Of the conceptual plan. 542 01:01:06.370 --> 01:01:10.100 Santosh Rao: Chates that the private drives will have a minimum of 30 feet. 543 01:01:11.400 --> 01:01:12.940 Santosh Rao: Has that been waived? 544 01:01:33.480 --> 01:01:38.140 Speaker 9 (Community Hall): I believe those are referencing drives… driveways that are shared between properties. 545 01:01:39.840 --> 01:01:42.459 Santosh Rao: Where is that interpretation? I don't see it in the writing. 546 01:01:42.770 --> 01:01:45.349 Speaker 9 (Community Hall): It's the section you just read. 547 01:01:47.500 --> 01:01:50.709 Santosh Rao: Sorry, can you put up your… View of that, and… 548 01:01:50.850 --> 01:01:54.210 Santosh Rao: Maybe highlight where the text states that it's a shared driveway. 549 01:01:54.620 --> 01:01:55.790 Santosh Rao: I'm not following you. 550 01:02:16.390 --> 01:02:26.320 Speaker 8 (Community Hall): So these are talking about, shared, driveways that are located between properties for integrated circulation on the block. 551 01:02:26.520 --> 01:02:36.849 Speaker 8 (Community Hall): For the driveways, for the alleyways that are Street D and B, those are not for shared access across the properties, so this… 552 01:02:36.850 --> 01:02:39.710 Santosh Rao: Sorry to interrupt, but if you're sharing, I'm not seeing it. 553 01:02:40.530 --> 01:02:57.180 Speaker 8 (Community Hall): No, I'm not sharing anything, Ashley. The language that you referenced, it talks about integrating circulation patterns with mutual access drives, and then it talks about the private driveways for that mutual and shared access would be 30 feet. 554 01:02:57.310 --> 01:03:02.779 Speaker 8 (Community Hall): So, Street D and B are not for shared driveways across properties. 555 01:03:03.540 --> 01:03:09.700 Speaker 8 (Community Hall): They just have to meet the municipal code requirements, and the development does meet those requirements. 556 01:03:09.700 --> 01:03:13.380 Santosh Rao: Okay, but those are two different paragraphs, and the second paragraph 557 01:03:14.250 --> 01:03:18.670 Santosh Rao: Talks about private drive, it does not say anything about the previous paragraph. 558 01:03:18.930 --> 01:03:21.790 Santosh Rao: Which is, you're right, the mutual access drive. 559 01:03:22.690 --> 01:03:26.720 Santosh Rao: I don't see where it says that the private drive is the mutual access drive. 560 01:03:28.670 --> 01:03:47.929 Speaker 8 (Community Hall): Because it does talk about 10 feet of it would be located on parallel to the rear lot lines of the generally smaller properties that front De Anza, and the remaining 20 feet of the width would be located on the generally larger properties that are located to the west of said generally small… smaller properties. 561 01:03:56.740 --> 01:04:00.670 Santosh Rao: Okay, I will yield on that question. So what we're saying is the… 562 01:04:00.790 --> 01:04:03.319 Santosh Rao: Shared access right-way remains 30 feet. 563 01:04:04.270 --> 01:04:05.430 Santosh Rao: Is that correct? 564 01:04:06.120 --> 01:04:06.960 Speaker 8 (Community Hall): Correct. 565 01:04:08.880 --> 01:04:12.640 Santosh Rao: Okay, I will yield my time. No more question at this time. 566 01:04:14.560 --> 01:04:17.260 Speaker 2 (Community Hall): Do we have any further questions from the Commission? 567 01:04:19.690 --> 01:04:21.180 Speaker 2 (Community Hall): Okay, I think. 568 01:04:21.890 --> 01:04:23.680 Speaker 15 (Community Hall): Oh, sorry, Commissioner Lenscogg, yes. 569 01:04:25.955 --> 01:04:26.815 Speaker 6 (Community Hall): Hi there. 570 01:04:26.955 --> 01:04:46.274 Speaker 6 (Community Hall): So, we had discussed potentially putting a sound barrier on the north side, a sound wall on the north side, and, you know, that depends on the easement rules, or the easement agreement that you guys have with the property to the north. Have you had a chance to talk with them about it? 571 01:04:46.345 --> 01:04:53.015 Speaker 13 (Community Hall): No, we haven't been able to connect with them. We are agreeable to a condition that would stipulate 572 01:04:54.625 --> 01:04:57.105 Speaker 13 (Community Hall): Based on the neighboring property owner. 573 01:04:57.305 --> 01:05:04.914 Speaker 13 (Community Hall): agreeing to fencing along that northern property line, we would install the same acoustical 574 01:05:05.435 --> 01:05:12.744 Speaker 13 (Community Hall): rated fencing, but again, it has… we need to have their agreement, so we want to make sure that they would agree to that. Right. 575 01:05:12.875 --> 01:05:25.085 Speaker 6 (Community Hall): So, just to clarify, I asked them if they would be willing to put a 7-foot sound wall on the north side of the property, where the north side 576 01:05:25.165 --> 01:05:36.965 Speaker 6 (Community Hall): Development is quite close to the… to the edge of the property, and so… and that is something they would need to negotiate within the terms of their, their easement agreement. 577 01:05:39.480 --> 01:05:54.350 Speaker 2 (Community Hall): I had one final question. Just on the 8-foot setback, I believe, you know, reviewing a lot of our previous townhome projects, that this is one of the smallest front setbacks that we've ever had. All previous projects I've looked at were 578 01:05:54.370 --> 01:06:01.070 Speaker 2 (Community Hall): you know, anywhere from 20 to 35. And I, you know, I know that that's not something we can demand of you, but I… 579 01:06:01.190 --> 01:06:11.059 Speaker 2 (Community Hall): suppose I will at least just ask, you know, is there any way to get a little bit more of the front setback back to make this more consistent with the neighbors? 580 01:06:12.780 --> 01:06:26.340 Speaker 14 (Community Hall): Yeah, and just a clarification, that's the absolute minimum spot. I think in the staff report, there was a clarification I do want to make. It says 8 foot to the curb, it's actually 8 foot to the property line, and so there's another 9.5. 581 01:06:26.340 --> 01:06:39.310 Speaker 14 (Community Hall): So from curb to the nearest point on the building is a minimum of 17 and a half. Okay. And that only occurs at 2 units. The other 4 units on that frontage have another 3 feet, so now you're really… it's 20, 20 and a half feet. 582 01:06:39.640 --> 01:06:45.190 Speaker 14 (Community Hall): to the fronts of those units from the curb. So I think there was just a little bit of a typo in the staff report. 583 01:06:45.545 --> 01:06:47.614 Speaker 2 (Community Hall): Thank you, that is helpful clarification. 584 01:06:48.160 --> 01:06:52.949 Speaker 13 (Community Hall): And when you look at the plants, it's clear that distance becomes very clear. 585 01:06:53.300 --> 01:06:56.649 Speaker 2 (Community Hall): So, I'm going through the staff report right now. Is this… 586 01:06:57.170 --> 01:07:00.720 Speaker 2 (Community Hall): actually stated in the… in the detail section? Yes. 587 01:07:00.725 --> 01:07:11.445 Speaker 9 (Community Hall): It should stay, under the waiver, table, as the first waiver. It should state to the property line, not to the curb. I apologize for that. Okay, excellent. Thank you. 588 01:07:13.170 --> 01:07:13.840 Speaker 15 (Community Hall): Yes. 589 01:07:13.840 --> 01:07:23.700 Speaker 6 (Community Hall): Sorry, one more question about the trees. Can you talk about how many trees are taken away, how many trees you're going to add in, and your approach to that? 590 01:07:23.965 --> 01:07:27.904 Speaker 14 (Community Hall): Yes, there are 25 existing trees that we're going to be removing. 591 01:07:28.135 --> 01:07:37.955 Speaker 14 (Community Hall): That calculates out to a replacement ratio of approximately 35. It is 35, combination of 24 inch and 36 inch trees, and we're replacing 592 01:07:37.965 --> 01:07:48.925 Speaker 14 (Community Hall): Those 35 with 55 trees, Commissioner Rao asked if we could find additional trees, and we found that we could fit in an additional 4, so we can go up to 59. 593 01:07:50.910 --> 01:07:54.479 Speaker 2 (Community Hall): Great, thank you. I believe, steph Pugh had him. 594 01:07:54.480 --> 01:07:55.759 Speaker 15 (Community Hall): Remark? Yes, I, I just. 595 01:07:55.765 --> 01:08:09.434 Speaker 8 (Community Hall): had a clarification in terms of the documentation that is being requested for the deemed complete date for the CEQA review. An email was forwarded to the clerk, and maybe she can, share her screen to indicate 596 01:08:09.435 --> 01:08:18.935 Speaker 8 (Community Hall): when that request came in, when that was November 6th, 2025, just to state it for the record, and to have it in the written documentation as was requested. 597 01:08:20.229 --> 01:08:21.199 Speaker 2 (Community Hall): And so that will be… 598 01:08:21.200 --> 01:08:24.430 Santosh Rao: To the chair, may that be forwarded to commissioners? 599 01:08:25.310 --> 01:08:32.760 Speaker 8 (Community Hall): Yes, and Lindsay can share that, email on the screen as well for the public to see as well. 600 01:08:32.890 --> 01:08:33.490 Santosh Rao: One moment. 601 01:08:33.490 --> 01:08:34.950 Speaker 8 (Community Hall): while I bring that up. 602 01:08:35.109 --> 01:08:41.939 Santosh Rao: Through the chair, the only evidence commissioners can consider is the written evidence. I want to remind us once again of the backlash we got. 603 01:08:42.069 --> 01:08:49.579 Santosh Rao: from members of the public for having considered evidence that was not written evidence, and therefore I would ask this be sent out by email. Thank you. 604 01:08:53.029 --> 01:08:59.219 Speaker 2 (Community Hall): And sorry, while she's, pulling that up, Pugh, may I just clarify, or actually, John? 605 01:08:59.479 --> 01:09:04.879 Speaker 2 (Community Hall): What should the staff report read in the front setback section? 606 01:09:04.885 --> 01:09:09.534 Speaker 9 (Community Hall): I mean, 8 feet to the property line, not 8 feet to the curb. Got it. Thank you. 607 01:09:13.109 --> 01:09:17.219 Santosh Rao: through the Chair, if I may ask that correction be included before it goes to Council. 608 01:09:19.399 --> 01:09:21.079 Speaker 9 (Community Hall): Yes. Noted. 609 01:09:28.069 --> 01:09:30.699 Speaker 2 (Community Hall): So, City Clerk, are you able to pull that up on the screen? 610 01:09:30.705 --> 01:09:32.635 Speaker 15 (Community Hall): One sec. Okay, thank you. 611 01:09:34.500 --> 01:09:48.050 Speaker 6 (Community Hall): So while we're doing that, can I ask another question? Okay. So, we talked about the pedestrian crossing, in front. There's a mid-block pedestrian crossing right in front of the development. 612 01:09:48.060 --> 01:10:01.820 Speaker 6 (Community Hall): Which is going to see a lot more, pedestrian traffic, I was supposed, you know, because it's right in front. Can you talk, to any discussions you've had with the city on how to ensure that the 613 01:10:01.900 --> 01:10:05.470 Speaker 6 (Community Hall): The pedestrian safety is accounted for? 614 01:10:07.270 --> 01:10:16.880 Speaker 14 (Community Hall): Yeah, I spoke with David Stillman, the city's traffic engineer, today. He said, yeah, that's a fairly new, flashing beacon that the city installed at that location. 615 01:10:17.270 --> 01:10:20.800 Speaker 14 (Community Hall): So that was the best feature for safety. Okay. 616 01:10:21.370 --> 01:10:22.340 Speaker 6 (Community Hall): Great, thank you. 617 01:10:32.050 --> 01:10:38.529 Speaker 2 (Community Hall): Thank you, so I'm looking at what is on the screen right now, and… I'm not seeing the… 618 01:10:38.530 --> 01:10:40.759 Speaker 9 (Community Hall): November? It's actually in the body of the email. 619 01:10:41.220 --> 01:10:45.300 Speaker 9 (Community Hall): So, the date on this letter is when the day was actually written. 620 01:10:45.420 --> 01:10:52.529 Speaker 9 (Community Hall): But the application was submitted and paid for on November 6th, which basically started the timeline for the notification. 621 01:10:52.650 --> 01:10:53.999 Speaker 9 (Community Hall): Other 14 days. 622 01:10:54.580 --> 01:10:58.950 Speaker 9 (Community Hall): Or the 14 days when the staff had to notify, the tribal… the tribes. 623 01:11:01.060 --> 01:11:04.770 Santosh Rao: Sorry, I'm not following this. Where is November 6th in this email? 624 01:11:04.770 --> 01:11:06.910 Speaker 9 (Community Hall): So… As stated. 625 01:11:07.100 --> 01:11:10.469 Speaker 9 (Community Hall): As stated, the body of the email has a November 6th state. 626 01:11:11.030 --> 01:11:12.719 Santosh Rao: Can we scroll down to exactly where. 627 01:11:12.720 --> 01:11:13.110 Speaker 9 (Community Hall): Yeah, so… 628 01:11:13.110 --> 01:11:14.019 Santosh Rao: I don't see them. 629 01:11:14.020 --> 01:11:15.250 Speaker 9 (Community Hall): Get out of the attachment. 630 01:11:16.410 --> 01:11:17.340 Speaker 9 (Community Hall): Lindsay? 631 01:11:18.570 --> 01:11:21.170 Speaker 9 (Community Hall): Just… if you just do a screenshot of the email. 632 01:11:23.030 --> 01:11:27.610 Speaker 9 (Community Hall): The body of the email acknowledges from the applicant the November 6th date of submission. 633 01:11:32.410 --> 01:11:34.090 Santosh Rao: And the email was sent out to her. 634 01:11:38.250 --> 01:11:40.120 Santosh Rao: Still waiting for the email, I guess. 635 01:12:21.420 --> 01:12:24.399 Santosh Rao: Somebody's gonna have to explain this, I'm not sure. 636 01:12:25.470 --> 01:12:26.239 Santosh Rao: Maybe we're good. 637 01:12:27.040 --> 01:12:42.040 Speaker 8 (Community Hall): The last sentence in the second paragraph says, S. Summerhill submitted an SB330 preliminarily application for the project on July 15, 2025, and an AB130 eligibility notice on November 6, 2025. 638 01:12:42.250 --> 01:12:49.330 Speaker 8 (Community Hall): Such that the city is required to initiate tribal consultation within 14 days or by November 20th, 2025. 639 01:12:56.080 --> 01:13:03.470 Speaker 2 (Community Hall): Thank you. So, I think this should satisfy the question around the date. Do we have any further questions. 640 01:13:03.470 --> 01:13:04.400 Santosh Rao: True, yes. 641 01:13:04.400 --> 01:13:04.970 Speaker 2 (Community Hall): Yes. 642 01:13:04.970 --> 01:13:07.040 Santosh Rao: Yes, through the chair, I would ask, 643 01:13:07.410 --> 01:13:12.120 Santosh Rao: reference to November 3rd, we clarified then in that case, before it goes to Council. 644 01:13:16.000 --> 01:13:18.339 Santosh Rao: And I have further questions. 645 01:13:21.220 --> 01:13:23.599 Speaker 2 (Community Hall): Please go ahead and ask your further questions. 646 01:13:23.600 --> 01:13:30.119 Santosh Rao: Okay, so… Can staff comment on whether there is an open space maintenance district, and whether 647 01:13:30.470 --> 01:13:36.469 Santosh Rao: The written evidence includes that the applicant is signing a written agreement to join the Open Space Maintenance District. 648 01:13:41.250 --> 01:13:47.510 Santosh Rao: I understand there's an open space maintenance district for this North Piazza Boulevard across the… 649 01:13:48.390 --> 01:13:50.800 Santosh Rao: Existing applicants, is that true? 650 01:13:56.920 --> 01:14:00.290 Speaker 9 (Community Hall): You and I are looking right now through the conceptual plan to get the reference. 651 01:14:01.950 --> 01:14:05.860 Santosh Rao: Is this applicant hearing ready for a hearing? 652 01:14:06.180 --> 01:14:08.559 Santosh Rao: If you're looking through the conceptual plan now. 653 01:14:20.240 --> 01:14:23.139 Santosh Rao: I will leave that question for consideration to the commissioners. 654 01:14:26.500 --> 01:14:29.150 Speaker 2 (Community Hall): Okay, do we have any further questions from the Commission? 655 01:14:29.630 --> 01:14:33.159 Speaker 2 (Community Hall): Okay, then, City Clerk, may we please have public comments if so on? 656 01:14:33.160 --> 01:14:38.160 Santosh Rao: Sorry, Chair, I don't think the question was answered. I thought staff was looking through, but they were going to respond. 657 01:14:38.440 --> 01:14:44.329 Santosh Rao: What is the… what is the response? Is there a maintenance district? Does the written evidence include 658 01:14:44.800 --> 01:14:47.359 Santosh Rao: The applicant joining the maintenance district. 659 01:15:37.600 --> 01:15:44.120 Speaker 8 (Community Hall): It is my understanding that the Open Space District pertains to the, the very large 660 01:15:44.200 --> 01:15:58.370 Speaker 8 (Community Hall): landscape easements that were proposed on the properties. And in this particular case, this is, they're asking for a waiver from that landscape easement requirement, and are simply proposing an 8-foot 661 01:15:58.600 --> 01:16:09.749 Speaker 8 (Community Hall): setback on the front, and each property would be on its own parcel. So they are not required to join that open space district because they don't have that landscape easement. 662 01:16:09.750 --> 01:16:19.800 Santosh Rao: Where is that interpretation in the written conceptual plan? I take offense to these oral interpretations that cannot be found in written evidence. Where is it in the written evidence? 663 01:16:43.850 --> 01:16:52.610 Speaker 2 (Community Hall): Perhaps if this is something that might take a while to resolve, we can move to public comments first, and then, you know, circle back with staff once they have found the answer. 664 01:16:52.910 --> 01:16:54.149 Santosh Rao: That sounds reasonable, Chad. 665 01:16:54.150 --> 01:16:56.420 Speaker 15 (Community Hall): Okay, so City Clerk. 666 01:16:56.420 --> 01:16:59.590 Speaker 2 (Community Hall): And thank you to the applicant for patiently waiting. Thank you. 667 01:17:00.650 --> 01:17:11.370 Speaker 3 (Community Hall): We have one speaker in person and two hands raised on Zoom. Our first speaker is Kathy Helgerson, followed by Estevon Lopez, followed by Jennifer Griffin. Welcome, Kathy. 668 01:17:15.950 --> 01:17:19.839 Speaker 5 (Community Hall): Hello, I submitted a letter to all of you, you got it and read it, I hope. 669 01:17:19.990 --> 01:17:39.159 Speaker 5 (Community Hall): Okay, I live on the other side of the wall, where Apple Computer has their R&D facility, and, at one time, Better Cupertino had fabricated a picture of a five-story building on the other side of the wall, next to my home, the cul-de-sac that's there. Scared the hell out of me. Okay. 670 01:17:39.160 --> 01:17:56.220 Speaker 5 (Community Hall): This is the beginning, and I've seen what's going on on Stevens Creek Boulevard. This is the beginning. We are creating a slum. Who is going to monitor these facilities? And then they're going to be sold, and then someone's going to buy them and rent them out, and then we're going to get all these different people in there. 671 01:17:56.220 --> 01:18:14.769 Speaker 5 (Community Hall): Subsidy housing is government housing. They will come in and try to house the homeless, they'll try to house immigrants, migrants, you name it, people from all over the country coming in to our California. And this is why we have a housing shortage, which was created 672 01:18:14.920 --> 01:18:15.960 Speaker 5 (Community Hall): Okay? 673 01:18:16.130 --> 01:18:17.480 Speaker 5 (Community Hall): Not by me. 674 01:18:17.840 --> 01:18:29.079 Speaker 5 (Community Hall): by the government. We need to do something, but that's not the… that's not the solution. I want this stopped. There should be no residential on Banley Drive. It should be strictly commercial. 675 01:18:29.080 --> 01:18:51.319 Speaker 5 (Community Hall): We need our commercial businesses. You're trying to attract more businesses into Cupertino. You're gonna have places… you gotta have places to put these businesses that you're trying to attract. This is all money. The city's gonna earn a lot of money from these contract… these builders. Okay, I couldn't even get a copy of their application. The city won't give it to me. I went down to the building department, and they wouldn't give it to me. 676 01:18:51.320 --> 01:18:52.610 Speaker 5 (Community Hall): Okay, this is wrong. 677 01:18:52.640 --> 01:19:10.629 Speaker 5 (Community Hall): This report that goes to the… that goes to our representative, okay, our state senator, has to be… I have to look at it, and I don't even… I don't have a copy. The city won't give me a copy. Nobody will give me a copy. Things… at the city, nobody knows what's going on at the city. This is ridiculous, okay? 678 01:19:10.630 --> 01:19:15.580 Speaker 5 (Community Hall): I want this to stop, alright? Now, if you guys want to talk about 679 01:19:15.580 --> 01:19:28.499 Speaker 5 (Community Hall): How many units? 4,600 units is what our quota is. It can go up to 5,800, all right? And I… the original bill was SB330. Okay, I don't know where we are. 680 01:19:28.500 --> 01:19:41.509 Speaker 5 (Community Hall): with that. I don't know if we reached the quota. Is that… every year there's a quota, a different quota? Are they going to put another quota on? What… how did they reach the quota? The public is not being told anything, alright, about all of this. 681 01:19:41.600 --> 01:19:48.159 Speaker 5 (Community Hall): And I've just started, this is just the beginning, believe me, okay, because I'm going to be looking into a lot of other things here. 682 01:19:48.330 --> 01:19:50.530 Speaker 5 (Community Hall): Alright, I don't really care how many… 683 01:19:50.590 --> 01:20:00.330 Speaker 5 (Community Hall): buildings that they've built. And I want to know, what's at the other side? Behind these buildings, De Anza Boulevard is right there. Are you putting a big wall up? That's going to look really great. 684 01:20:00.380 --> 01:20:16.890 Speaker 5 (Community Hall): Wonderful wall right there. Oh, don't forget, they're gonna put some trees up there. Then they're gonna get rid of all the trees that are already there. These are live trees. This is ridiculous. We're always cutting trees down, putting more trees in. What kind of government is this? This is crazy. What kind of city is it? 685 01:20:16.890 --> 01:20:21.020 Speaker 5 (Community Hall): And I'll tell you one more thing. You're gonna have to hire more. Thank you, Kathy, that is your time. 686 01:20:21.020 --> 01:20:22.560 Speaker 3 (Community Hall): More people in here. 687 01:20:22.560 --> 01:20:25.360 Speaker 5 (Community Hall): You will have to hire… Thank you, Kathy. 688 01:20:28.200 --> 01:20:33.190 Speaker 3 (Community Hall): Our next speaker is Estefan Lopez, followed by Jennifer Griffin. Welcome, Esteban. 689 01:20:51.500 --> 01:20:54.059 Speaker 5 (Community Hall): Every single city. Every single city. 690 01:20:54.480 --> 01:20:59.329 Speaker 2 (Community Hall): I'd like to ask that we please, be respectful in the audience. Thank you very much. 691 01:21:00.140 --> 01:21:02.320 Speaker 2 (Community Hall): We have to need to get a copy of the building. 692 01:21:02.550 --> 01:21:09.040 Speaker 2 (Community Hall): Should we… 693 01:21:09.040 --> 01:21:10.200 Community Hall: I know. 694 01:21:12.580 --> 01:21:14.890 Speaker 11 (Community Hall): Madam Clerk, was there another speaker? 695 01:21:16.520 --> 01:21:20.449 Speaker 3 (Community Hall): Yes, there's another speaker, I'm just having a technical issue. Oh, I see. 696 01:21:21.230 --> 01:21:22.270 Speaker 3 (Community Hall): Shave on you! 697 01:21:23.170 --> 01:21:23.585 Community Hall: Jay! 698 01:21:24.440 --> 01:21:26.509 Speaker 5 (Community Hall): When nobody comes to your damn meeting. 699 01:21:27.430 --> 01:21:30.220 Speaker 5 (Community Hall): That's why you're sold out. Shame on you, buddy! 700 01:21:30.570 --> 01:21:38.280 Speaker 3 (Community Hall): We're having a technical issue with our next speaker, so I'm going to go ahead to the next speaker, Jennifer Griffin. Welcome, Jennifer. 701 01:21:41.780 --> 01:21:44.110 Jenny Griffin: Thank you. Can you all hear me? 702 01:21:44.740 --> 01:21:45.750 Speaker 3 (Community Hall): Yes, we can hear you. 703 01:21:45.750 --> 01:21:54.870 Jenny Griffin: Okay, thank you. Thank you to the staff and to Summerhill for, a… a good presentation. 704 01:21:54.990 --> 01:22:10.839 Jenny Griffin: I will say I'm normally there in person, but I wasn't able to come tonight. But I am following on Zoom, and first of all, I wanted to say I didn't see any advertisement of community meetings for… 705 01:22:10.890 --> 01:22:16.190 Jenny Griffin: this, project, and I know that the city had said that they would start 706 01:22:16.430 --> 01:22:32.159 Jenny Griffin: having, community meetings advertised. I noticed that you said there was one in April of 2025, but we've had 9 of these SB330s, so I think we need to start out and make sure that we have 707 01:22:32.410 --> 01:22:37.839 Jenny Griffin: community meetings on these. I'm scared to death, if this was a year from now, and we had that 708 01:22:38.120 --> 01:22:45.540 Jenny Griffin: Buffy Wick's bill, which is not going to allow public input, we would have no way to even know what was going on. 709 01:22:45.670 --> 01:23:02.599 Jenny Griffin: So, I'm… I'm really, really kind of scared and concerned about this. We need to… we need to do better. The other thing is, I find I would much prefer the Spanish architecture. This architecture is extremely stark. 710 01:23:02.600 --> 01:23:19.390 Jenny Griffin: And I don't think it fits the character of Cupertino. I really hope we're not going to have any red or yellow or green on the buildings, because I find that I would not buy, believe me, I would not buy a townhouse if it was in a building that had, I would call it 711 01:23:19.840 --> 01:23:31.970 Jenny Griffin: uncharacteristic of the architecture in Cupertino, and there is some lovely architecture in Cupertino to respond to. I hope that they put it back to the mission style that is the historic 712 01:23:31.970 --> 01:23:44.350 Jenny Griffin: approach of Cupertino, it looks like Los Altos, et cetera, et cetera, downtown Palo Alto, and I really don't… I don't like this hospital square edges, because it's not just people 713 01:23:44.350 --> 01:23:47.940 Jenny Griffin: who might like… I don't know who likes that architecture. 714 01:23:47.940 --> 01:24:01.460 Jenny Griffin: But to me, I'm a Queen Anne girl. I don't… I… this is something that's not attractive to the city. So please, please, put it back to the Spanish architecture, like, at Westport. It's so much better. It's gonna sell better, too. 715 01:24:01.470 --> 01:24:16.110 Jenny Griffin: I mean, we're talking about close to $2 million for these buildings. I'm also concerned about school children coming in and out of this property. This is in the middle of a tech parker. We need to make sure they're safe. 716 01:24:16.110 --> 01:24:33.820 Jenny Griffin: Also, I will tell you, I am very scared about not having CEQA. I worked in tandem buildings on Valco Parkway in the 1980s, and I have found out that I worked at a contaminated site for several years. No housing can be built there. You can tell 717 01:24:33.820 --> 01:24:39.959 Jenny Griffin: how frightening that would be to me. We need to make sure that these projects are fully vetted. 718 01:24:40.010 --> 01:24:44.940 Jenny Griffin: Please make sure that there's adequate setbacks, and that we're not creating 719 01:24:45.100 --> 01:24:48.270 Jenny Griffin: a problem in the middle of the tech park. Thank you. 720 01:24:49.610 --> 01:24:53.299 Speaker 3 (Community Hall): Thank you, Jennifer. Our next speaker is Estevon Lopez. 721 01:24:55.930 --> 01:24:57.490 Speaker 3 (Community Hall): Welcome, Esteban! 722 01:24:57.800 --> 01:24:59.439 Estevan Lopez: Hello, can everyone hear me? 723 01:24:59.940 --> 01:25:01.220 Speaker 3 (Community Hall): Yes, we can hear you. 724 01:25:01.220 --> 01:25:08.270 Estevan Lopez: Perfect, sorry about that earlier. Good evening, Chair and Commissioners. My name is Esteban Lopez. I'm a research analyst with the Bay Area Council. 725 01:25:08.270 --> 01:25:33.260 Estevan Lopez: We represent more than 370 of the Bay Area's largest employers, whose members employ over 4.5 million workers across the region. I am here in strong support of the Summer Hill Homes proposed 27 townhomes at 10268 Banley Drive. The National Association of Realtors reports that the median age of a first-time homebuyer is now 40, up from the age of 28 in 1992. First-time buyers are just 21% of the market, which is 726 01:25:33.260 --> 01:25:34.690 Estevan Lopez: It's a historic low. 727 01:25:34.690 --> 01:25:49.369 Estevan Lopez: Here in Cupertino, the median home sale price hit $3.4 million in March, which is up 16% year-over-year. That math does not work for the next generation of Cupertino families. Our region's housing shortage is immense, and no project is too small to help. 728 01:25:49.370 --> 01:26:10.290 Estevan Lopez: Family Drive is exactly the kind of location we should be building. It sits inside of an office park surrounded by Apple facilities, with thousands of jobs in walking distance. Stevens Creek and DeAnza Boulevards are under a half mile away, with a target less than a quarter mile away. William Farrier Elementary, Lawson Middle, Cupertino Memorial Park, and the Quinlan Community Center all sit within a mile. 729 01:26:10.290 --> 01:26:33.769 Estevan Lopez: This project fully conforms to the city's zoning and general plan, and the use of AB's AB130 CEQA exemption pathway is appropriate for a project that meets all zoning, design, and building code requirements. At 17 units per acre, Summer Hill is proposing well below what the site allows. Five of the 27 homes will be deed-restricted affordable for median and moderate income households. 730 01:26:33.970 --> 01:26:48.379 Estevan Lopez: Cupertino's teachers, nurses, and public safety workers desperately need these homes. Townhomes like these are a generational starter home. For these reasons, the Bay Area Council respectfully urges the Commission to recommend approval. Thank you all for your time, I appreciate it. 731 01:26:50.940 --> 01:26:55.529 Speaker 3 (Community Hall): Thank you, Esteban. We have no speakers in person, and no hands raised on Zoom, Chair. 732 01:26:55.720 --> 01:26:56.490 Speaker 3 (Community Hall): Thank you very much. 733 01:26:56.495 --> 01:27:01.175 Speaker 2 (Community Hall): City Clerk, and now we will have the applicant, if they would like to respond to any of the comments. 734 01:27:05.110 --> 01:27:07.480 Speaker 13 (Community Hall): Thank you, we're available for any questions. 735 01:27:08.360 --> 01:27:09.010 Speaker 15 (Community Hall): Thank you. 736 01:27:09.500 --> 01:27:14.129 Speaker 2 (Community Hall): Alright, then we will return back to the Commission. Are there any further questions? 737 01:27:17.820 --> 01:27:26.220 Santosh Rao: Through the chair, through the chair, I was going to suggest at the end of these questions, perhaps we may take a break. I think we've been going for an hour and a half, at least. 738 01:27:27.650 --> 01:27:32.500 Speaker 2 (Community Hall): Okay, thank you. Alright, I did have one question for staff. 739 01:27:32.750 --> 01:27:37.239 Speaker 2 (Community Hall): Just in response to some of the community feedback. 740 01:27:37.450 --> 01:27:42.500 Speaker 2 (Community Hall): What would be the repercussions of rejecting such a townhome project proposal? 741 01:27:44.760 --> 01:27:45.870 Speaker 2 (Community Hall): They're very… 742 01:27:46.880 --> 01:27:57.159 Speaker 8 (Community Hall): There are very specific findings that the city would have to make under the Housing Accountability Act, which pertain to a specific 743 01:27:57.190 --> 01:28:15.509 Speaker 8 (Community Hall): adverse impact, to health, and those findings are very particular, and we can actually pull up those findings for the Commission to look at to determine whether it can make those in order to deny a project, any kind of housing project, essentially, that provides two or more units. 744 01:28:15.650 --> 01:28:17.070 Speaker 8 (Community Hall): Okay, thank you. 745 01:28:18.900 --> 01:28:20.580 Speaker 2 (Community Hall): Are there any further questions? 746 01:28:23.650 --> 01:28:24.230 Speaker 15 (Community Hall): Commissioner Row. 747 01:28:24.230 --> 01:28:25.870 Santosh Rao: Y-yes. 748 01:28:26.550 --> 01:28:28.290 Santosh Rao: So, 749 01:28:28.480 --> 01:28:34.830 Santosh Rao: Am I missing a transportation demand management PDM, or was that not included? And if not, why not? 750 01:28:40.440 --> 01:28:42.219 Santosh Rao: Maybe a question to staff? 751 01:28:44.130 --> 01:28:46.769 Speaker 8 (Community Hall): Commissioner Rao, if you could repeat your question, please, thank you. 752 01:28:47.210 --> 01:28:50.019 Santosh Rao: Is a TDM included, and if not, why not? 753 01:28:53.920 --> 01:28:56.990 Speaker 8 (Community Hall): A TDM is not required for this project. 754 01:28:57.890 --> 01:29:06.210 Speaker 8 (Community Hall): It is screened out under the VMT requirements that the city has, and it does not have other TDM requirements. 755 01:29:09.440 --> 01:29:14.330 Santosh Rao: I'm confused. So, how do we determine that TDM does not apply here? 756 01:29:17.490 --> 01:29:27.649 Speaker 8 (Community Hall): the project is screened out from any kind of CEQA review, and so that review doesn't occur under CEQA. There is, 757 01:29:27.800 --> 01:29:42.280 Speaker 8 (Community Hall): Under the city's transportation requirements, I believe any projects that, such as this one, would also not be required to provide any TDM measures under the city's own transportation guidelines. 758 01:29:43.150 --> 01:29:46.199 Santosh Rao: Okay, but the mobility element of the general plan 759 01:29:46.860 --> 01:29:50.980 Santosh Rao: Has certain aspects it emphasizes, such as multimodal 760 01:29:51.110 --> 01:29:58.710 Santosh Rao: transportation, reduced automotive dependency, and so on. Are we saying that we should not consider the mobility element? 761 01:29:59.340 --> 01:30:17.059 Speaker 8 (Community Hall): That is not true. The city adopts, various documents that are under the general plan, that implement the policies in the general plan, and it can exempt certain projects on certain items. So, a project such as this is… does not have to do 762 01:30:17.220 --> 01:30:21.479 Speaker 8 (Community Hall): Is basically exempt from doing certain things that, 763 01:30:22.120 --> 01:30:31.700 Speaker 8 (Community Hall): Basically, the governing document would be the city's transportation guidelines, which would dictate what the requirements would be by project size and other things. 764 01:30:31.820 --> 01:30:32.790 Speaker 8 (Community Hall): metrics. 765 01:30:33.020 --> 01:30:38.799 Santosh Rao: Let me, let me ask again. Does the CEQA exemption exempt consideration of the mobility element? 766 01:30:42.740 --> 01:30:50.559 Speaker 8 (Community Hall): the CEQA exemption… essentially, as far as CEQA goes, yes, we cannot require anything under the CEQA side of things. 767 01:30:50.560 --> 01:30:52.780 Santosh Rao: That was not the question. The question was… 768 01:30:53.190 --> 01:30:57.660 Santosh Rao: Are commissioners being told to ignore the mobility element? 769 01:30:59.870 --> 01:31:09.070 Speaker 8 (Community Hall): No, we're basically saying that we have found that the project meets all the requirements of the City's regulations with regard to transportation for this project. 770 01:31:10.230 --> 01:31:13.490 Santosh Rao: Which finding in the resolution talks about the 771 01:31:13.910 --> 01:31:17.279 Santosh Rao: Aspects in the mobility element involving 772 01:31:17.380 --> 01:31:22.889 Santosh Rao: Reduced automobile… automotive or automobile dependency and multimodal transportation. 773 01:31:24.820 --> 01:31:28.790 Speaker 8 (Community Hall): There isn't a finding, that the city specifically has for that. 774 01:31:31.510 --> 01:31:36.989 Santosh Rao: Okay, so is it then… reasonable to include as conditions of approval a TDM. 775 01:31:39.710 --> 01:31:41.059 Speaker 15 (Community Hall): I don't believe so. 776 01:31:43.600 --> 01:31:44.879 Santosh Rao: Okay, why not? 777 01:31:45.670 --> 01:31:53.989 Speaker 8 (Community Hall): Because the project is screened out of the CEQA requirements and meets all the city's other requirements as it pertains to transportation. 778 01:31:54.250 --> 01:31:56.409 Santosh Rao: It does provide bike parking. 779 01:31:56.850 --> 01:31:57.340 Santosh Rao: The question. 780 01:31:57.340 --> 01:31:57.700 Speaker 8 (Community Hall): Andy. 781 01:31:57.700 --> 01:32:06.459 Santosh Rao: arise from the mobility element, not from CEQA. I don't understand why we keep talking about CEQA. I've asked whether the mobility element can be considered or not. 782 01:32:08.010 --> 01:32:14.920 Speaker 8 (Community Hall): In general, yes, but the implementing documents are the city's transportation requirements otherwise. 783 01:32:15.130 --> 01:32:26.420 Speaker 8 (Community Hall): So, from a policy perspective, yes, the city does encourage TDM and requires those things, but the implementing documents are the city's municipal code and other requirements which this project meets. 784 01:32:29.290 --> 01:32:36.070 Santosh Rao: Okay, I will ask my commissioners to see if you believe a TDM is warranted here. The mobility element 785 01:32:36.490 --> 01:32:39.670 Santosh Rao: As well as the Transportation Master Plans, both. 786 01:32:40.380 --> 01:32:44.529 Santosh Rao: Our options, unless it was explicitly waived for some reason. 787 01:32:44.790 --> 01:32:54.889 Santosh Rao: I had to take issue with the interpretation by staff on this matter, unless there is something I'm missing on whether mobility elements should be ignored. 788 01:32:56.490 --> 01:32:57.460 Speaker 6 (Community Hall): Commissioner Lenscock? 789 01:32:57.760 --> 01:33:08.580 Speaker 6 (Community Hall): I'm just seeking some clarification. So, Commissioner Rao, are you saying that in the mobility element, it says that a TDM is required to be done on every development in the city? 790 01:33:09.020 --> 01:33:09.410 Santosh Rao: No. 791 01:33:09.410 --> 01:33:10.320 Speaker 6 (Community Hall): Point to that page. 792 01:33:10.320 --> 01:33:13.209 Santosh Rao: No, that's not what I'm saying. What I'm saying is… 793 01:33:13.720 --> 01:33:19.529 Santosh Rao: The mobility element emphasizes certain aspects around transportation. 794 01:33:19.660 --> 01:33:22.399 Santosh Rao: And I do not see this project 795 01:33:22.700 --> 01:33:29.509 Santosh Rao: Resolution addressing any of those aspects as far as… Addressing reduced demand around transportation. 796 01:33:30.070 --> 01:33:32.830 Santosh Rao: How do we reconcile? 797 01:33:33.440 --> 01:33:34.840 Santosh Rao: Top of the… 798 01:33:35.130 --> 01:33:44.059 Santosh Rao: aspects of mobility element to the… particularly the reduced guest parking on this property. Why should we not, for example, require a TDM 799 01:33:44.340 --> 01:33:50.680 Santosh Rao: to address… the, the project, given its severe shortage of guest parking. 800 01:33:51.660 --> 01:33:53.110 Santosh Rao: Again, this is… 801 01:33:53.450 --> 01:33:59.439 Santosh Rao: This is, consideration for commissioners. You may choose to ignore it, you may choose to consider it. 802 01:33:59.960 --> 01:34:08.470 Speaker 9 (Community Hall): Through the chair, just… just a correction, the municipal code for townhome developments requires only one parking space per unit, and this… this… 803 01:34:08.750 --> 01:34:23.460 Speaker 9 (Community Hall): project far exceeds, almost doubles, more than doubles the amount of parking that's required. They're providing 2 parking spaces per unit, plus an additional 5 for guest parking spaces. Guest parking spaces are not a requirement, for townhome developments. 804 01:34:25.800 --> 01:34:33.799 Speaker 6 (Community Hall): And they're also including a bike parking in every garage, which I think is not required. 805 01:34:34.370 --> 01:34:46.879 Speaker 6 (Community Hall): So, I guess I'm a little bit confused, because it sounded like Commissioner Rao was saying that the mobility element requires all development, like, requires a TDM, but I don't remember seeing that in the… 806 01:34:46.880 --> 01:34:51.599 Santosh Rao: That's not true, the chair, that was not what was stated. Overstated was… 807 01:34:52.250 --> 01:34:55.820 Santosh Rao: Why should we not consider a TDM, given the shortage? 808 01:34:56.010 --> 01:35:05.720 Santosh Rao: of multimodal and automotive facilities on the project, given 5 guest parking spaces. While I hear what staff is saying about the number of parking per unit. 809 01:35:05.940 --> 01:35:09.750 Santosh Rao: That is… Besides the guest parking issue. 810 01:35:09.750 --> 01:35:22.769 Speaker 8 (Community Hall): the chair, I think this project might also be eligible for certain state benefits on parking reductions, and I see that Assistant Director Connolly has stepped in, and maybe he can support. 811 01:35:22.770 --> 01:35:29.179 Speaker 11 (Community Hall): I just want to try to resolve this. Transportation demand management is done as a mitigation measure. 812 01:35:29.710 --> 01:35:34.679 Speaker 16 (Community Hall): Projects that are exempt from CEQA have nothing to mitigate at all. 813 01:35:35.500 --> 01:35:47.020 Speaker 16 (Community Hall): So you cannot require something that is inherently a mitigation measure for a project where the state has weighed in saying there are no mitigations required. This project meets AB130, 814 01:35:47.180 --> 01:35:52.410 Speaker 16 (Community Hall): it would be arbitrary to apply TDM measures or something where there's no basis to do so. 815 01:35:52.550 --> 01:35:58.109 Speaker 16 (Community Hall): So I just want to be clear about that. And parking is not a SQL issue under any circumstance. 816 01:35:59.380 --> 01:36:12.230 Speaker 11 (Community Hall): And I want to thank staff for that clarification, and Chair, perhaps this is a good time to close the public hearing, bring this back for the commissioners to… to deliberate. Maybe you can start with a motion to frame your discussion. 817 01:36:13.590 --> 01:36:22.139 Speaker 2 (Community Hall): Yes, thank you, State Attorney. Thank you, Assistant Director Connolly. Commissioner Rao, does this resolve your concern? I think, I think we're… 818 01:36:22.140 --> 01:36:28.279 Santosh Rao: Yeah, I am not sure, because the mobility element does talk about 819 01:36:28.410 --> 01:36:42.940 Santosh Rao: a strategy to reduce demand. The strategies I'm reading about him, the strategies in this element seek to reduce demand of the city's infrastructure through careful use of land use planning, encourage all automotive transportation, utilize best practice in TDM and TSM. 820 01:36:43.320 --> 01:36:44.760 Santosh Rao: And so… 821 01:36:45.200 --> 01:36:52.010 Santosh Rao: I hear what staff is saying, that TDM is a mitigation, and there is no mitigation when CEQA is exempt. 822 01:36:53.010 --> 01:36:57.449 Santosh Rao: And where is that written evidence that TDM is mitigation? Again. 823 01:36:57.850 --> 01:37:07.150 Santosh Rao: there's a lot of verbal interpretations, maybe we can benefit through written evidence that states that what is in the mobility element that references TDM, 824 01:37:07.290 --> 01:37:11.179 Santosh Rao: cannot apply because it is a mitigation. Where does it say it's a mitigation? 825 01:37:13.860 --> 01:37:23.880 Speaker 2 (Community Hall): Well, Commissioner Rao, I think it was established that the TDM is not something that we can demand. I suppose if you wanted to make a motion to… 826 01:37:24.190 --> 01:37:29.370 Santosh Rao: through the chair, where was it established? How is it established? Where is the written evidence that that was established? 827 01:37:29.460 --> 01:37:38.250 Speaker 8 (Community Hall): If I may, Chair, the other part is, this is a housing project. The only metrics that we can review this against are objective standards. 828 01:37:38.450 --> 01:37:45.610 Speaker 8 (Community Hall): the project meets those objective standards. So, a requirement that says the applicant shall implement a TDM program. 829 01:37:45.660 --> 01:38:04.809 Speaker 8 (Community Hall): we don't know what that program might have. If the city had an adopted ordinance that basically said, any townhome project that blah blah blah blah meets these requirements shall provide XYZ and lists out what those standards are, that could be applicable to a housing project. In this particular case, this is an arbitrary 830 01:38:04.950 --> 01:38:15.809 Speaker 8 (Community Hall): would be an arbitrary requirement to establish a TDM program, and there's no threshold to establish… to require that as a… as a… as a condition of approval. 831 01:38:16.000 --> 01:38:19.670 Santosh Rao: And so, is there a finding that states that, to that effect? 832 01:38:19.980 --> 01:38:22.810 Santosh Rao: That absent and objective. 833 01:38:23.320 --> 01:38:25.290 Speaker 8 (Community Hall): That is SB330. 834 01:38:27.420 --> 01:38:30.839 Speaker 7 (Community Hall): So, if a project is exempt from CEQA, 835 01:38:31.040 --> 01:38:33.819 Speaker 7 (Community Hall): You can't even consider VMT, is that true? 836 01:38:34.460 --> 01:38:36.460 Speaker 7 (Community Hall): Correct. Okay, thank you. 837 01:38:37.740 --> 01:38:43.880 Speaker 10 (Community Hall): Commissioner Fah, yes. I was just gonna say, I think there had been a request to close the public hearing, we should do that. 838 01:38:46.050 --> 01:38:50.230 Speaker 2 (Community Hall): Okay, yes, there was a request to close the public hearing, 839 01:38:51.380 --> 01:38:57.510 Speaker 2 (Community Hall): There are no speakers. From the rest of the Commission, there's no further questions. So we will close… oh, sorry, go on. 840 01:38:57.515 --> 01:39:04.115 Speaker 10 (Community Hall): These are separate things, right? Yes. There are no further… there is no… there's nobody asking to speak, so we should close the public hearing. 841 01:39:04.120 --> 01:39:09.520 Speaker 2 (Community Hall): Okay, we can close the public hearing. We also had a request for a 5-minute break, so, 842 01:39:09.660 --> 01:39:17.089 Speaker 2 (Community Hall): let's adjourn briefly for a 5-minute break, and then we will reconvene for, the motion and the comments. Thank you. 843 01:46:27.460 --> 01:46:35.269 Speaker 2 (Community Hall): Alright, thank you very much. So, we are reconvening to now move on to, a motion. Do we have a motion? 844 01:46:35.275 --> 01:46:45.194 Speaker 6 (Community Hall): I have a motion. I can make a motion, that we, that the Planning Commission, accept the… approve the resolution as written by staff. 845 01:46:46.560 --> 01:46:53.010 Speaker 2 (Community Hall): May I make a friendly amendment to this motion? I would like to include… so we… I would… 846 01:46:53.310 --> 01:47:06.489 Speaker 2 (Community Hall): Motion to approve the staff recommendation, but include CCNRs, informing neighbors specifically that this is an office park, and that there will be ongoing noise from commercial activities, including but not limited to HVAC and truck traffic. 847 01:47:07.150 --> 01:47:18.550 Speaker 2 (Community Hall): As well as… Consideration of a wall on the north side, if possible, and then that… 848 01:47:19.800 --> 01:47:25.729 Speaker 2 (Community Hall): construction management plan will also be shared with the neighbor. Those would be my additions. 849 01:47:26.010 --> 01:47:30.550 Santosh Rao: Point of order, we do not yet have a second. I don't believe we can discuss another one. 850 01:47:30.550 --> 01:47:38.099 Speaker 10 (Community Hall): I'll second the original. Okay, sorry. But I would like to discuss the friendly amendment, if possible. I think… 851 01:47:38.680 --> 01:47:39.490 Speaker 10 (Community Hall): It would be really. 852 01:47:39.490 --> 01:47:41.649 Santosh Rao: Repeat the friendly amendment, so that… 853 01:47:42.430 --> 01:47:44.330 Santosh Rao: It is made after the second. 854 01:47:45.000 --> 01:47:54.809 Speaker 2 (Community Hall): Apologies for making that early. So thank you, Commissioner Fung, for your second, and my amendment was to include the CCRs in the CCRs. 855 01:47:55.340 --> 01:48:05.229 Speaker 2 (Community Hall): Informing the neighbors that this is an office park, and there will be ongoing noise from commercial activities, including but not limited to, HVAC noise and truck traffic. 856 01:48:05.500 --> 01:48:20.769 Speaker 2 (Community Hall): And the reason for that specifically is when I visited this property, there was a reasonable amount of ongoing HVAC noise. And then, second point is, include that the construction management plan will be shared with the neighbors. 857 01:48:20.830 --> 01:48:26.869 Speaker 2 (Community Hall): And the third would be consideration of an additional wall on the north side of the property. 858 01:48:28.620 --> 01:48:40.080 Speaker 7 (Community Hall): So, I wanted to make an amendment to your amendment that… it's not really an office park. It's… it's zoned commercial, industrial, residential. 859 01:48:40.470 --> 01:48:46.589 Speaker 7 (Community Hall): Right now, it's office use. It could be many other things. It needs to be made clear in the CCNR. 860 01:48:46.770 --> 01:48:49.370 Speaker 7 (Community Hall): That in the future, there could be all sorts of… 861 01:48:49.830 --> 01:48:53.179 Speaker 7 (Community Hall): Different uses in the buildings on all sides. 862 01:48:55.310 --> 01:48:58.890 Speaker 10 (Community Hall): So, so if I could… if I could comment along that same line. 863 01:48:59.040 --> 01:49:00.950 Speaker 10 (Community Hall): I think rather than. 864 01:49:01.480 --> 01:49:03.479 Santosh Rao: point of order for Anthony Wu. 865 01:49:03.830 --> 01:49:09.240 Santosh Rao: as a friendly amendment on the table, I think we should only be discussing whether it's accepted or not. 866 01:49:09.660 --> 01:49:14.310 Santosh Rao: And not any further discussion until the amendment is either accepted or not. 867 01:49:14.760 --> 01:49:16.499 Santosh Rao: Can Anthony Woo clarify? 868 01:49:18.050 --> 01:49:32.739 Speaker 11 (Community Hall): So, Commissioner Rao, technically, you're correct, and I was sitting here and observing this discussion. I thought that that would facilitate the decision-making. I've heard the motion by Commissioner Linskoff, seconded by Commissioner Fung, and then the chair, sought to… 869 01:49:32.740 --> 01:49:40.670 Speaker 11 (Community Hall): advanced a friendly amendment that was further clarified by Commissioner Scharf, and then sounds like it's going to be further clarified by Commissioner Fung. 870 01:49:40.670 --> 01:49:49.400 Speaker 11 (Community Hall): I think that's appropriate to do, but having said that, I mean, you do bring up, technically, you are correct, so I'll defer to the chair as to how she wants to proceed. 871 01:49:51.510 --> 01:49:58.530 Speaker 6 (Community Hall): If I can just comment, since it's my motion, I would like to hear the clarification, so that we all know exactly what we're voting on. 872 01:50:01.470 --> 01:50:06.360 Speaker 2 (Community Hall): Are you… sorry, to confirm, are you referring to Vice Chair's clarification? 873 01:50:06.365 --> 01:50:13.844 Speaker 6 (Community Hall): Both, both the clarifications of the Vice Chair and Commissioner Fung. Any clarifications that may be necessary before we close? 874 01:50:13.850 --> 01:50:23.720 Santosh Rao: point of order, we can only consider one friendly amendment at a time. We do not yet have an except on the first before we can consider a second. I urge Atomibu to keep us 875 01:50:24.290 --> 01:50:27.080 Santosh Rao: In… in compliance, thank you. 876 01:50:28.030 --> 01:50:30.460 Speaker 11 (Community Hall): So, at this point, I'm gonna recommend… 877 01:50:31.370 --> 01:50:36.520 Speaker 11 (Community Hall): that we have the original motion that's been seconded by Commissioner Fung. 878 01:50:36.690 --> 01:50:44.600 Speaker 11 (Community Hall): And I'm going to ask the Chair to restate your friendly amendment in light of what you've heard from Commissioner Scharf. 879 01:50:44.850 --> 01:50:47.680 Speaker 11 (Community Hall): And at that point, I'm gonna ask, 880 01:50:49.130 --> 01:50:55.799 Speaker 11 (Community Hall): Commissioner Linskog to see whether she would accept that friendly amendment, and asked the seconder whether he would accept. 881 01:50:56.250 --> 01:51:05.189 Speaker 11 (Community Hall): And if the seconder, which Commissioner Feng has further clarifications, then he can ask… he can seek that, just for a process. 882 01:51:05.820 --> 01:51:13.389 Speaker 2 (Community Hall): Okay, thank you for clarifying, City Attorney. So, Vice Chair, can you… I am happy to incorporate 883 01:51:13.560 --> 01:51:25.460 Speaker 2 (Community Hall): your language into my friendly amendment, but can you clarify? It was, to… we don't consider this to be an office park, so perhaps the language is actually just 884 01:51:25.560 --> 01:51:37.960 Speaker 2 (Community Hall): not even classifying what kind of an area this is, it's just that we are trying to inform neighbors that there will be ongoing noise from commercial activities, including HVAC and truck traffic. Does that work? 885 01:51:38.790 --> 01:51:50.690 Speaker 7 (Community Hall): No. Okay. No, I think it's… make it clear that this is zoned industrial, commercial, residential. Okay. And that any of those uses are possible in the future. 886 01:51:51.830 --> 01:51:54.080 Speaker 2 (Community Hall): That's true. Hang on, I'm just writing that down. 887 01:51:57.880 --> 01:52:03.719 Speaker 8 (Community Hall): Chair, if… Chair, if, if I may add something to that, and apologies for, 888 01:52:04.280 --> 01:52:22.999 Speaker 8 (Community Hall): you know, jumping in at this point. There is, in condition number 17 in staff's resolution, it does talk about inclusion of a notice of neighboring uses disclosure, acknowledging the adjacent non-residential uses surrounding the development. So we already have a condition related. I just wanted to let you know. 889 01:52:23.005 --> 01:52:34.094 Speaker 2 (Community Hall): Yes, thank you, and I did see that, however, it did not specify the noise and the type of noise, and I do actually think, as a resident, if I was moving into somewhere, I would want to know, you know, we have had a lot of 890 01:52:34.095 --> 01:52:46.154 Speaker 2 (Community Hall): feedback from residents living near Lehigh, for example, that the trucks are very noisy, and, you know, when I spoke with the tenant next door, they mentioned that some of the noise that they were concerned about was just large loading vehicles. 891 01:52:46.155 --> 01:52:50.005 Speaker 2 (Community Hall): So I think, if we just add the specific types, it would just be probably a… 892 01:52:50.005 --> 01:52:54.715 Speaker 8 (Community Hall): And those details will be included in the CCNR, they're just not included in the… 893 01:52:54.955 --> 01:53:02.105 Speaker 8 (Community Hall): approval, so that language will be reviewed and approved by the city before it gets included in the CCNRs. 894 01:53:02.890 --> 01:53:08.520 Speaker 2 (Community Hall): Okay, so the CCNRs would specify the type of noise? Correct, that is a… 895 01:53:08.525 --> 01:53:23.484 Speaker 8 (Community Hall): Usually what we do is, you know, this is just the, here's what you're gonna do, but the details of what's in there, you know, we… and if the Commission wishes to specify something, feel free, and we can add that in as well. But our thoughts were we were going to address the issues. 896 01:53:23.485 --> 01:53:32.594 Speaker 8 (Community Hall): with this. This was just the introduction for what… what… how we get to it. The details of what we get to would be hashed out when we review the CCNRs. 897 01:53:32.980 --> 01:53:49.670 Speaker 2 (Community Hall): Got it, thank you very much. Yeah, I think since we have had a reasonable amount of feedback from the surrounding landlords, tenants, that it would be good just to be extra clear about this, so I would like to add that amendment. 898 01:53:49.850 --> 01:53:54.010 Speaker 2 (Community Hall): So now what I have is include. 899 01:53:54.750 --> 01:53:55.400 Community Hall: Okay. 900 01:53:56.110 --> 01:54:10.819 Speaker 2 (Community Hall): ensure that the CCNRs inform neighbors that this is zoned industrial, commercial, and residential. Any of those uses may be possible in the future, and there will be ongoing noise from commercial activities, including HVAC and truck traffic. 901 01:54:12.740 --> 01:54:14.190 Santosh Rao: Point of clarification? 902 01:54:14.190 --> 01:54:14.640 Speaker 2 (Community Hall): Yes. 903 01:54:14.640 --> 01:54:17.980 Santosh Rao: A CCNR is a perpetually long-lived document. 904 01:54:18.160 --> 01:54:26.390 Santosh Rao: Construction is prior to the properties occupied. I see no correlation between construction and a CCNR. I'm confused. 905 01:54:28.210 --> 01:54:31.619 Santosh Rao: Having been an HOA president myself, You're not stupid. 906 01:54:31.620 --> 01:54:33.480 Speaker 10 (Community Hall): about construction, right? 907 01:54:33.480 --> 01:54:34.960 Santosh Rao: We're talking about a CCNR. 908 01:54:34.960 --> 01:54:35.580 Speaker 10 (Community Hall): No. 909 01:54:35.765 --> 01:54:36.285 Speaker 15 (Community Hall): Yeah. 910 01:54:36.685 --> 01:54:48.064 Speaker 2 (Community Hall): Yes, I am… thank you, Commissioner Fung. I am talking about, for the residents that move into this completed project, the ongoing noise that they would 911 01:54:48.365 --> 01:54:49.845 Speaker 2 (Community Hall): Experience living there. 912 01:54:50.800 --> 01:54:53.670 Santosh Rao: Sorry, I thought I heard construction traffic noise or something. 913 01:54:53.780 --> 01:55:01.730 Speaker 2 (Community Hall): No, so if you go to the property today, and you just, you know, spend a few minutes there, you will hear HVAC noise on the south. 914 01:55:02.150 --> 01:55:09.079 Santosh Rao: Could the… could the chair put up your… if you are reading, could you share screen so we can read the… 915 01:55:09.460 --> 01:55:18.040 Santosh Rao: motion that is being considered right now, because I thought I heard construction and traffic noise, or truck noise, maybe I heard wrong. 916 01:55:18.460 --> 01:55:25.629 Speaker 2 (Community Hall): I see. Since I'm not signed into the Zoom, perhaps it might be faster for me to just email it to City Clerk? 917 01:55:26.560 --> 01:55:28.479 Speaker 2 (Community Hall): So let me… 918 01:55:28.480 --> 01:55:33.470 Santosh Rao: Can the chair clarify if construction and truck noise was mentioned, or I heard wrong? 919 01:55:34.340 --> 01:55:36.240 Speaker 6 (Community Hall): I heard delivery trucks. 920 01:55:36.245 --> 01:55:46.044 Speaker 2 (Community Hall): I just… I did not specify what type of truck. I… let me just… I'm gonna email this to the city clerk really quickly, and that can be posted. 921 01:55:46.050 --> 01:55:55.599 Santosh Rao: Point of clarification, we have trucks everywhere with every project. This is a somewhat unique condition. Why is this unique to this property versus all of the other projects we've had? 922 01:55:57.280 --> 01:55:58.320 Speaker 2 (Community Hall): So… 923 01:55:58.420 --> 01:56:15.869 Speaker 2 (Community Hall): This is to ensure that the neighbors are comfortable, you know, this is the first residential use that has happened in this area, and the neighbors are very concerned that there will be complaints about 924 01:56:16.260 --> 01:56:23.810 Speaker 2 (Community Hall): all the types of activities that happen on an ongoing basis at… there's Apple to the south and north, I believe. 925 01:56:24.280 --> 01:56:26.990 Speaker 2 (Community Hall): So, we are just trying… 926 01:56:26.990 --> 01:56:31.569 Santosh Rao: Point of… point of clarification, what objective design standard allows for that? 927 01:56:35.620 --> 01:56:38.119 Speaker 2 (Community Hall): I'm sorry, what do you mean, objective design standard? 928 01:56:38.120 --> 01:56:45.850 Santosh Rao: I believe staff consistently reminds us that unless there is an objective design standard, we cannot require the applicant to make 929 01:56:46.230 --> 01:56:52.579 Santosh Rao: a, to hold the applicant to a condition, so I'm trying to understand 930 01:56:52.820 --> 01:56:58.490 Santosh Rao: How we would factor this in based on what finding and what objective requirement. 931 01:56:58.730 --> 01:57:06.759 Speaker 2 (Community Hall): we are… we would not be holding them accountable to any… this is just ensuring that language in CCNRs is very specific. 932 01:57:08.730 --> 01:57:16.539 Speaker 10 (Community Hall): I'll try to put a clarification thread then, because this is actually what I was going to comment on, and we can do this without going through the formality. 933 01:57:16.700 --> 01:57:25.949 Speaker 10 (Community Hall): One of the things that was brought up in the staff report was that the noise and usage in the area will be consistent with the municipal code. 934 01:57:26.170 --> 01:57:31.530 Speaker 10 (Community Hall): I… I actually think… I agree that it's worth mentioning here 935 01:57:31.770 --> 01:57:34.520 Speaker 10 (Community Hall): That there's… this is a special planning zone. 936 01:57:34.800 --> 01:57:44.319 Speaker 10 (Community Hall): And that that should be highlighted, so that it's clear to the people who are buying homes here. But that I don't think we actually need to be specific on talking about HVAC noise, or… 937 01:57:44.470 --> 01:57:49.269 Speaker 10 (Community Hall): you know, There, there are certain… there's a certain element, you know. 938 01:57:50.900 --> 01:57:57.939 Speaker 10 (Community Hall): they should be aware that this is not, you know, a residential neighborhood, is, I think, the takeaway. And I also agree, 939 01:57:59.620 --> 01:58:08.560 Speaker 10 (Community Hall): Commissioner Scharf's comment really was, there are a set of things which are allowed here. These are allowed because it is a special zone, you know, on the PC. 940 01:58:08.800 --> 01:58:15.930 Speaker 10 (Community Hall): Which included industrial, and that's the one that I think people would be worried about. You know, there are people… the concern that's raised today is. 941 01:58:15.990 --> 01:58:30.880 Speaker 10 (Community Hall): I have… I have, loading equipment in my business, and I can't… I can't… I don't want to have to shut that down because… because people moved into this place later. I think that, you know, as an office use. 942 01:58:31.050 --> 01:58:40.449 Speaker 10 (Community Hall): most people would probably not complain. People could easily complain if we're industrial, if somebody had a small manufacturing facility there. 943 01:58:40.640 --> 01:58:43.720 Speaker 10 (Community Hall): Anybody who's moving into this place should know that. 944 01:58:43.880 --> 01:58:48.219 Speaker 10 (Community Hall): as part of the, you know, the CCRs, should make that clear. But I think that… 945 01:58:48.500 --> 01:58:52.720 Speaker 10 (Community Hall): trying to go into detail beyond saying there's a PCR, it is general purpose. 946 01:58:52.860 --> 01:58:55.060 Speaker 10 (Community Hall): I'd prefer to see that wording. 947 01:58:55.510 --> 01:59:03.149 Santosh Rao: Point of clarification, we have had multiple projects on Stevens Creek that is far more noisy than this project located 948 01:59:03.600 --> 01:59:06.310 Santosh Rao: on an inner street, which is Bentley. 949 01:59:06.720 --> 01:59:11.240 Santosh Rao: And, you know, I'm on that street pretty often, and Bandley is a very quiet street. 950 01:59:11.520 --> 01:59:15.249 Santosh Rao: And I fail to understand why we hold 951 01:59:15.510 --> 01:59:30.999 Santosh Rao: applicants to a different standard because there is a certain tenant next door, while we do not hold the applicant to that standard when we have residences next door that have asked repeatedly for concessions that we could not obtain. 952 01:59:31.370 --> 01:59:32.330 Santosh Rao: Thank you. 953 01:59:33.100 --> 01:59:36.200 Santosh Rao: I take objection to… holding… 954 01:59:36.450 --> 01:59:42.129 Santosh Rao: An applicant to a standard that is not consistent, depending on who the neighbor is. 955 01:59:42.230 --> 01:59:56.469 Santosh Rao: We should not be, as commissioners, treating adjacent neighbors differently. Just because it's a well-known neighbor, that does not take them any different than the neighbors that were considered in the previous project of the same applicant. 956 01:59:57.630 --> 02:00:13.480 Speaker 2 (Community Hall): Commissioner Rao, this is not holding the applicant to a standard, it is just making a disclosure in a CCNR. I'm not clear what… what concession you feel we are asking for, or… or standard we're requiring. 957 02:00:14.650 --> 02:00:16.569 Santosh Rao: A point of clarification I would… 958 02:00:17.040 --> 02:00:24.860 Santosh Rao: I would state that the noise on Stevens Creek is an ongoing noise at a higher decibel level compared to the noise on Bentley. 959 02:00:27.630 --> 02:00:43.730 Speaker 2 (Community Hall): we are not asking the applicant to do anything differently about the noise. We are simply asking for a disclosure, or I am simply asking for a more specific disclosure in the CCNR. There's no change being requested here. 960 02:00:44.080 --> 02:00:46.680 Santosh Rao: I'm just… I'm just pointing out to the chair. 961 02:00:46.880 --> 02:00:49.400 Santosh Rao: That we're using different standards. 962 02:00:49.660 --> 02:00:57.840 Santosh Rao: based on who the neighbor is, and I think we should hold ourselves to a higher standard than that. I will let it be. Thank you. 963 02:00:58.500 --> 02:01:03.759 Speaker 11 (Community Hall): So, just… just for clarity of the record, I'm gonna recommend that at this point. 964 02:01:04.150 --> 02:01:15.929 Speaker 11 (Community Hall): That, the original mover withdraw your motion and remake your motion, and then ask for a second, and then we can ask for, if that doesn't cover the intention. 965 02:01:16.070 --> 02:01:17.850 Speaker 11 (Community Hall): Then we can ask for a… 966 02:01:17.960 --> 02:01:20.960 Speaker 11 (Community Hall): And then we can let someone else… 967 02:01:21.290 --> 02:01:24.980 Speaker 11 (Community Hall): Make a friendly amendment, just so the record is clear. 968 02:01:25.140 --> 02:01:25.690 Speaker 11 (Community Hall): Okay. 969 02:01:25.695 --> 02:01:43.225 Speaker 6 (Community Hall): Okay, and before I do that, I just want to comment. I think what the chair is looking for is clarity and disclosure, whether it's in the CCRs or anywhere else, so I think if we just use the word, you know, request disclosure, that should hopefully address your concerns. 970 02:01:44.655 --> 02:02:00.044 Speaker 6 (Community Hall): So I'll… I'll move that, we adopt the… that we approve the resolutions as, recommended by staff, with a request that the, applicant 971 02:02:00.045 --> 02:02:11.445 Speaker 6 (Community Hall): Provide specific disclosure on the type of properties that are zoned around this development to, to residents who are considering moving there. 972 02:02:12.355 --> 02:02:13.595 Speaker 6 (Community Hall): Do I have a second? 973 02:02:14.270 --> 02:02:15.529 Speaker 10 (Community Hall): Yeah, I'll second that. 974 02:02:19.960 --> 02:02:21.680 Speaker 2 (Community Hall): Commissioner Mao, you have your hand raised. 975 02:02:23.520 --> 02:02:27.270 Santosh Rao: I was going to move on to questions, since we have a motion and a second. 976 02:02:27.390 --> 02:02:30.699 Santosh Rao: Do we have time for questions, or are we still on the motion? 977 02:02:31.660 --> 02:02:34.469 Speaker 11 (Community Hall): We're waiting to see whether there's a friendly amendment. 978 02:02:35.510 --> 02:02:43.390 Speaker 10 (Community Hall): I'll… I'll… may I suggest one friendly amendment, which was, regarding the, there was a… 979 02:02:43.640 --> 02:02:56.399 Speaker 10 (Community Hall): notation in the report about the setback, the 8 feet being from the property line instead of, you know, instead of from the curb. I don't know whether that requires an amendment. That does not require. 980 02:02:56.405 --> 02:03:02.924 Speaker 8 (Community Hall): Commission's motion, it's a correction that we will automatically make before we issue the report for the City Council. Okay, so… 981 02:03:02.930 --> 02:03:04.700 Speaker 10 (Community Hall): I withdraw the funding amendment. 982 02:03:05.580 --> 02:03:16.299 Speaker 2 (Community Hall): And I also have a question for staff. I had thrown this into the motion, but I'm not sure that it needs to be there. How does the construction management plan get distributed or notified to neighbors? 983 02:03:17.310 --> 02:03:32.290 Speaker 8 (Community Hall): There is noticing that is required prior to construction, and that's required under the city's municipal code, so every property owner will get notice, I believe it's 14 days prior to construction, at least 14 days prior to construction, that will go out. 984 02:03:32.290 --> 02:03:38.819 Speaker 8 (Community Hall): In terms of the actual construction management plan, that itself doesn't get sent to neighbors. 985 02:03:38.820 --> 02:03:47.989 Speaker 8 (Community Hall): But, you know, I mean, that's part of the coordination. There is a specific noise coordinator that's identified and things like that, and that's on the notice board, so if they called them. 986 02:03:48.160 --> 02:03:54.700 Speaker 8 (Community Hall): they can get that access to information, and that should go to Summerhill and their construction crews, essentially. 987 02:03:55.100 --> 02:03:59.600 Speaker 2 (Community Hall): Okay, so any member of the public who wishes to see the construction plan can… They can come into. 988 02:03:59.605 --> 02:04:04.455 Speaker 8 (Community Hall): City Hall and view it, or contact Summerhill for a copy. Okay, great. Thank you. 989 02:04:06.930 --> 02:04:09.290 Speaker 2 (Community Hall): Do we have any further comments on this motion? 990 02:04:10.170 --> 02:04:11.300 Santosh Rao: Yes, it'll be Eric. 991 02:04:11.560 --> 02:04:14.409 Santosh Rao: Not ready to vote, we have just got a motion and a second. 992 02:04:15.050 --> 02:04:17.579 Santosh Rao: I do have several questions and comments. 993 02:04:19.840 --> 02:04:21.270 Speaker 2 (Community Hall): Please go ahead, Commissioner Rowe. 994 02:04:21.630 --> 02:04:30.660 Santosh Rao: Okay, so… I'm gonna go back to the… The CEQA document. 995 02:04:31.560 --> 02:04:37.780 Santosh Rao: And the exemption checklist states, That there's a number of conditions. 996 02:04:38.010 --> 02:04:42.559 Santosh Rao: that need to be adhered to before we can exempt the project from CEQA. 997 02:04:43.560 --> 02:04:47.779 Santosh Rao: I have a question on the Phase 1 ESA. 998 02:04:48.630 --> 02:04:54.390 Santosh Rao: the Phase 1 ESA… says there's a BER, 999 02:04:55.100 --> 02:05:00.120 Santosh Rao: But does not indicate what kind of risk, or what kind of contaminants are present on the site. 1000 02:05:01.400 --> 02:05:04.870 Santosh Rao: what is the nature of VR, and why is it not disclosed in the… 1001 02:05:05.500 --> 02:05:08.430 Santosh Rao: SQL exemption document, maybe a question for Placeworks. 1002 02:05:10.980 --> 02:05:13.190 Speaker 15 (Community Hall): Through the chair, we are SQL con… 1003 02:05:14.900 --> 02:05:23.009 Speaker 8 (Community Hall): We do have our CEQA consultants online on Zoom, and maybe either Rachel or Alexis could answer that question. 1004 02:05:26.880 --> 02:05:35.719 Alexis Mena, PlaceWorks: Yes, the information in the Phase 1 is that the BER that was identified was due to historic agricultural uses. 1005 02:05:40.200 --> 02:05:41.070 Santosh Rao: Okay. 1006 02:05:41.320 --> 02:05:43.920 Santosh Rao: So, what is the contaminant, specifically? 1007 02:05:50.600 --> 02:05:57.720 Alexis Mena, PlaceWorks: I'm not seeing, like, a scientific name, but it says it's due to past pesticides, herbicides, and metals. 1008 02:05:58.760 --> 02:06:00.340 Santosh Rao: Why is that not in the report? 1009 02:06:02.310 --> 02:06:09.510 Alexis Mena, PlaceWorks: Ed… Oh, that specific detail? Well, the technical information is included, 1010 02:06:10.890 --> 02:06:14.220 Alexis Mena, PlaceWorks: As, part of the record. 1011 02:06:14.540 --> 02:06:30.490 Alexis Mena, PlaceWorks: for the CEQA analysis. However, all that the CEQA exemption criteria, is concerned with, it has to do with the process requirement to prepare a Phase 1, and then prepare a Phase 2, if required. So the… 1012 02:06:30.590 --> 02:06:38.599 Alexis Mena, PlaceWorks: the proper process was appeared to for CEQA purposes, and so that's what's… that's what is the focus of the, exemption memorandum. 1013 02:06:41.420 --> 02:06:47.950 Santosh Rao: Okay, I'm confused. So there's a hazardous waste site checklist criteria. 1014 02:06:48.910 --> 02:06:54.150 Santosh Rao: And, basis for evaluating that criteria. 1015 02:06:54.570 --> 02:07:02.760 Santosh Rao: includes… a list of… substances… A list of hazardous waste and substances. 1016 02:07:03.900 --> 02:07:14.050 Santosh Rao: where in the report can we verify what substances exist on that site in order to assess this criteria in the report? I'm specifically referring to page 11, 1017 02:07:14.530 --> 02:07:16.669 Santosh Rao: in the C4 document. 1018 02:07:17.100 --> 02:07:19.990 Santosh Rao: We have to hold ourselves to a higher standard. 1019 02:07:20.110 --> 02:07:26.270 Santosh Rao: And I'm consistently finding verbal explanations where written evidence is missing. 1020 02:07:27.870 --> 02:07:29.039 Alexis Mena, PlaceWorks: So the, the. 1021 02:07:29.040 --> 02:07:31.869 Santosh Rao: The table has an item for hazardous waste site. 1022 02:07:32.140 --> 02:07:36.000 Santosh Rao: In that, the first bullet states, list of hazardous waste and substance sites. 1023 02:07:36.750 --> 02:07:39.350 Santosh Rao: We do not know what substance exists on the site. 1024 02:07:39.760 --> 02:07:43.720 Santosh Rao: But we know that there's a BER, so what is… how should we interpret that? 1025 02:07:44.380 --> 02:08:01.269 Alexis Mena, PlaceWorks: Yeah, so the, hazardous materials come into play in two places in the CEQA document. So one is on, in the table that you're referencing, and that has to do with whether the site is listed as on what's called the Cortesi list, and so it is not listed… it is not included on that list. 1026 02:08:01.540 --> 02:08:10.280 Alexis Mena, PlaceWorks: So that's the information that's in the table. The second place that hazardous materials come into play is later in the document, on page 18? 1027 02:08:10.880 --> 02:08:24.860 Alexis Mena, PlaceWorks: starting on page 17, going on to page 18, and that discusses the Phase 1 report that was done, and those were the process requirements I was referring to previously. So that talks about the findings of the Phase 1, 1028 02:08:25.470 --> 02:08:37.640 Alexis Mena, PlaceWorks: based on the Phase 1 and the BER that you referred to, a Phase 2 was, prepared, and so that means that actual, you know, site investigation was done, and there was testing done. 1029 02:08:37.640 --> 02:08:47.479 Alexis Mena, PlaceWorks: And based on the Phase 2, there were, it was just determined that there was no hazard to the future residential, users of the property. 1030 02:08:48.420 --> 02:08:59.249 Santosh Rao: Okay, but staying on page 18… You're saying, based on the… REC that was found. 1031 02:08:59.750 --> 02:09:01.940 Santosh Rao: a Phase 2 was prepared. 1032 02:09:02.860 --> 02:09:08.000 Santosh Rao: And the Phase 2 did not find any RECs, however, Oh, B-E-R. 1033 02:09:09.560 --> 02:09:12.690 Santosh Rao: Was associated with the site. 1034 02:09:13.000 --> 02:09:14.619 Santosh Rao: what is that PER? 1035 02:09:17.240 --> 02:09:17.870 Santosh Rao: Yes. 1036 02:09:17.870 --> 02:09:18.220 Alexis Mena, PlaceWorks: That is… 1037 02:09:18.220 --> 02:09:19.270 Santosh Rao: substance. 1038 02:09:19.580 --> 02:09:36.699 Alexis Mena, PlaceWorks: Yep, so the… yeah, the Phase 1 doesn't include actual soil testing, so it just kind of looks at the previous uses of the site, and so based on the fact that there were previous agricultural uses, it was determined that there's the potential for, you know, certain materials to exist in the soil, so that's why then the Phase 2 was prepared. 1039 02:09:36.700 --> 02:09:42.129 Alexis Mena, PlaceWorks: That did include actual soil testing to, you know, kind of hone in on those details. 1040 02:09:42.720 --> 02:09:44.709 Santosh Rao: Where are the results of that Phase 2? 1041 02:09:45.870 --> 02:09:49.119 Alexis Mena, PlaceWorks: Well, so it's summarized in the CEQA document that you're looking at. 1042 02:09:49.120 --> 02:09:56.749 Santosh Rao: Why do not… why do we not have the report? Why do we need a summary? Why don't we have the results of the Phase 2 as written evidence? 1043 02:09:58.340 --> 02:10:05.300 Alexis Mena, PlaceWorks: that's available as written evidence. There is a… there's a written report about it. I'm not sure exactly, maybe, I don't know if 1044 02:10:05.460 --> 02:10:09.199 Alexis Mena, PlaceWorks: John can answer to… The technical reports. 1045 02:10:11.240 --> 02:10:13.120 Alexis Mena, PlaceWorks: And their availability to the first person? 1046 02:10:13.120 --> 02:10:20.059 Santosh Rao: of order, we have been repeatedly chastised by the public for not holding a high bar on written evidence. 1047 02:10:20.850 --> 02:10:27.430 Santosh Rao: I failed to understand if we had a Phase 2 investigation prepared, why the results of that report are not in the written evidence. 1048 02:10:30.410 --> 02:10:34.790 Santosh Rao: Should we continue the hearing till we can have that included in the written evidence? 1049 02:10:39.640 --> 02:10:47.319 Speaker 8 (Community Hall): Chair, the findings of the Phase 1 and the Phase 2 are summarized in the CEQA documents, and that… those findings are included. 1050 02:10:48.020 --> 02:10:49.490 Santosh Rao: Point of, point of order. 1051 02:10:49.490 --> 02:10:53.030 Speaker 8 (Community Hall): reference into the findings of the CEQA consultant. 1052 02:10:53.030 --> 02:10:58.180 Santosh Rao: Point of order, a summary is not written evidence. The results of a report. 1053 02:10:58.520 --> 02:11:07.409 Santosh Rao: an investigation, the results of an investigation is written evidence for the consideration of commissioners. We keep… we keep using 1054 02:11:08.280 --> 02:11:09.820 Santosh Rao: a loose bar. 1055 02:11:10.560 --> 02:11:17.790 Santosh Rao: I'd ask Etni Wu to remind all of us what constitutes written evidence. Summaries are not written evidence. 1056 02:11:21.160 --> 02:11:24.529 Santosh Rao: Okay. We have to hold ourselves to a higher bar. 1057 02:11:26.600 --> 02:11:36.569 Speaker 2 (Community Hall): Thank you, Commissioner Rao. I understand your concern, City staff, so it sounds like this report is available right now, if we wanted it. 1058 02:11:36.570 --> 02:11:38.439 Santosh Rao: Can the report be emailed out? 1059 02:11:38.970 --> 02:11:40.130 Speaker 8 (Community Hall): Absolutely. 1060 02:11:40.830 --> 02:11:50.270 Speaker 2 (Community Hall): I think that would be helpful if the report could just be emailed, and possibly, potentially, let's just show it on the screen briefly, for the sake of this public hearing. 1061 02:11:50.270 --> 02:11:54.740 Santosh Rao: Again, point of order. Showing on screen is not written evidence. I keep… 1062 02:11:55.020 --> 02:12:01.719 Santosh Rao: I keep having to remind ourselves we need written evidence. How does the members of the public get access to this written evidence? 1063 02:12:03.990 --> 02:12:09.639 Santosh Rao: Are we in violation of the Brown Act? Because we are acting on evidence that members of the public do not have. 1064 02:12:10.740 --> 02:12:19.679 Speaker 11 (Community Hall): Chair, it's… it's common and typical for this body or anybody to consider the opinion of the professional staff. 1065 02:12:19.800 --> 02:12:33.190 Speaker 11 (Community Hall): As well as paid consultants who've evaluated the matter and provided their expert, opinions to you on matters they think are germane. And so it is up to you to… 1066 02:12:33.520 --> 02:12:45.540 Speaker 11 (Community Hall): For the spot to evaluate whether you have sufficient information, and so I think there's a motion and a second. You know, Chair, you may want to consider whether you want to call the question. 1067 02:12:46.250 --> 02:12:48.349 Santosh Rao: A point of order, a point of order. 1068 02:12:48.880 --> 02:12:49.660 Santosh Rao: Sorry. 1069 02:12:50.420 --> 02:12:52.570 Speaker 2 (Community Hall): I understand, Commissioner Rao, I would like to just… 1070 02:12:52.570 --> 02:12:56.679 Santosh Rao: Sorry, a point of order. Okay, I'm gonna use a point of privilege here. 1071 02:12:56.950 --> 02:12:58.679 Santosh Rao: Point of personal privilege. 1072 02:12:59.370 --> 02:13:10.749 Santosh Rao: We are facing a lawsuit involving the same applicant, Because we did not… Consider written evidence. 1073 02:13:11.350 --> 02:13:15.970 Santosh Rao: We cannot accept summaries in lieu of written evidence. 1074 02:13:17.840 --> 02:13:18.189 Speaker 2 (Community Hall): I understand. 1075 02:13:18.190 --> 02:13:23.590 Santosh Rao: I want to remind all of us that our city is in a structural deficit, and we cannot 1076 02:13:23.740 --> 02:13:33.920 Santosh Rao: subject the city to repeated lawsuits by neighbors, and let me remind all of us, we have a very wealthy neighbor on the site. So if we loosen the bar. 1077 02:13:34.140 --> 02:13:35.440 Santosh Rao: on ourselves. 1078 02:13:36.210 --> 02:13:38.590 Santosh Rao: We have no shortage. 1079 02:13:38.770 --> 02:13:43.870 Santosh Rao: Of reasons why we should be held to a higher standard by the neighbor. 1080 02:13:45.630 --> 02:13:58.149 Speaker 2 (Community Hall): Commissioner Rao, as I was trying to say just now, I understand your concern about not having every report that occurred during this process. The way I view it is… 1081 02:13:58.260 --> 02:14:03.790 Speaker 2 (Community Hall): you know, I'm not clear that the end result would be any different. We should… 1082 02:14:05.030 --> 02:14:16.859 Speaker 2 (Community Hall): So, you know, in the future, perhaps, we should request, you know, reports underlying this AB130, but, you know, for the purposes of this discussion this evening. 1083 02:14:17.180 --> 02:14:31.199 Speaker 2 (Community Hall): it's been very clearly stated that the Phase 2 investigation concluded that there is not an unacceptable human health risk, so having that report does not change the end result. 1084 02:14:31.200 --> 02:14:34.850 Santosh Rao: through the chair, I believe Placeworks agreed to email it out. 1085 02:14:35.700 --> 02:14:36.240 Speaker 2 (Community Hall): I, I understand. 1086 02:14:36.240 --> 02:14:42.700 Santosh Rao: Is there any reason why we should not accept that offer and look at the report before 1087 02:14:42.960 --> 02:14:45.359 Santosh Rao: We move forward with celebrations. 1088 02:14:47.190 --> 02:15:03.229 Speaker 2 (Community Hall): I believe staff also said that they could send the report out, as well as put it up on the screen, but again, you know, this is a report that simply validates the findings that are in the AB130 exemption memo. Therefore, I'm not clear that 1089 02:15:03.870 --> 02:15:08.080 Speaker 2 (Community Hall): Postponing this hearing, for example, would be the appropriate 1090 02:15:08.180 --> 02:15:10.710 Speaker 2 (Community Hall): Next step. If I may… 1091 02:15:10.715 --> 02:15:12.165 Speaker 6 (Community Hall): I have a question. 1092 02:15:12.405 --> 02:15:17.755 Speaker 6 (Community Hall): Yes. Just a clarification, to Attorney Wu, so… 1093 02:15:18.015 --> 02:15:26.774 Speaker 6 (Community Hall): I just want to make sure I understand, are staff summaries and staff reports considered written evidence? 1094 02:15:28.990 --> 02:15:36.090 Speaker 11 (Community Hall): Or… Yes, you can consider and factor those in, making your decision. 1095 02:15:36.620 --> 02:15:42.479 Speaker 6 (Community Hall): Okay, because, I mean, if we were to follow to its logical conclusion what, 1096 02:15:42.570 --> 02:16:01.930 Speaker 6 (Community Hall): Commissioner Rao is saying, we could dispense with staff reports and consultant reports entirely, because they are not worth the paper they're written on, and they're not considered written evidence, and we would simply go off of, like, you know, analyses and reports and data only. 1097 02:16:01.930 --> 02:16:12.600 Speaker 6 (Community Hall): Which would really slow us down a lot. I mean, I don't disagree that we should be able to see the underlying data under the, you know, that the reports and summaries are based on. 1098 02:16:12.600 --> 02:16:27.929 Speaker 6 (Community Hall): But, I think we do have to accept that these summaries and reports are written evidence, and that we can use them with appropriate, you know, deep dives when necessary, but in general, we should be able to accept them as written evidence. 1099 02:16:28.750 --> 02:16:32.050 Speaker 2 (Community Hall): Thank you, Commissioner Linskogg. I'd like to… 1100 02:16:32.180 --> 02:16:45.370 Speaker 2 (Community Hall): Vice Chair, Commissioner Fung, do you have any further comments on this topic of whether, you know, I'd like to hear from the entire Commission on whether we feel we would like to have the full report right now. 1101 02:16:47.010 --> 02:16:50.059 Speaker 10 (Community Hall): Chair, I appreciate your, 1102 02:16:50.230 --> 02:16:53.830 Speaker 10 (Community Hall): your patience on this matter. I think that… I think that… 1103 02:16:55.540 --> 02:17:03.500 Speaker 10 (Community Hall): In preparation for these meetings, I would hope the commissioners would ask for the things, the supporting evidence that they felt was necessary, rather than asking for it at the meeting. 1104 02:17:04.549 --> 02:17:08.779 Speaker 10 (Community Hall): Okay. I think that that could have easily been anticipated here, if there's an issue with CEQA. 1105 02:17:09.209 --> 02:17:15.320 Speaker 10 (Community Hall): than… than the underlying SQL records. This should… this is something that we should have resolved before the meeting. 1106 02:17:17.670 --> 02:17:18.850 Santosh Rao: Point of… point of… 1107 02:17:18.850 --> 02:17:20.030 Speaker 15 (Community Hall): I asked for the vice chair. 1108 02:17:20.510 --> 02:17:21.860 Santosh Rao: Point of order. 1109 02:17:22.250 --> 02:17:41.430 Santosh Rao: All deliberation occurs on stage in front of members of the public. There is no reason commissioners should take this discussion outside of members of the public. Our public deserves to hear from commissioners on who is holding a high bar on environmental issues that impact future residents of this property. 1110 02:17:42.780 --> 02:17:54.719 Santosh Rao: This shall not be taken outside of the hearing, because they deserve to know who amongst the commissioners on that dais are holding a high bar on environmental issues for future 27 resident families for this property. 1111 02:17:56.430 --> 02:17:58.399 Speaker 7 (Community Hall): No, he's. 1112 02:17:58.400 --> 02:18:02.360 Speaker 10 (Community Hall): asking for something to be held outside of the meeting. It's… 1113 02:18:02.530 --> 02:18:05.300 Speaker 10 (Community Hall): If there's an issue where… I don't know. 1114 02:18:05.420 --> 02:18:08.110 Speaker 10 (Community Hall): If there's an… if there's any issue in the… 1115 02:18:08.230 --> 02:18:16.890 Speaker 10 (Community Hall): in the staff report, where, you know, I felt there wasn't sufficient documentation. The staff has always been very quick to say. 1116 02:18:17.100 --> 02:18:21.609 Speaker 10 (Community Hall): you know, please, please reach out and clarify. Ask for any clarifying information you require. 1117 02:18:23.120 --> 02:18:28.490 Speaker 10 (Community Hall): I mean, we have a responsibility… I think we have a responsibility of the public to try to be timely as well. 1118 02:18:29.110 --> 02:18:29.670 Speaker 7 (Community Hall): Yeah. 1119 02:18:31.389 --> 02:18:35.050 Speaker 7 (Community Hall): In the case of environmental hazards, I would have liked to see 1120 02:18:35.230 --> 02:18:38.689 Speaker 7 (Community Hall): A link to the actual report, and not just a summary. 1121 02:18:40.049 --> 02:18:41.319 Santosh Rao: Thank you, Commissioner Schorf. 1122 02:18:42.089 --> 02:18:54.579 Santosh Rao: And let me remind our fellow commissioners, the city spends far more time and money dealing with follow-up public comments, oral comments, and lawsuits, and closed session hearings 1123 02:18:54.759 --> 02:18:59.879 Santosh Rao: following lawsuits. And by now, our fellow commissioners should have experience with that. Thank you. 1124 02:19:00.570 --> 02:19:08.200 Speaker 2 (Community Hall): I understand, I do consider myself to hold a high standard on things like hazardous materials. In this case. 1125 02:19:08.379 --> 02:19:28.159 Speaker 2 (Community Hall): it is very clearly stated that there is not an unacceptable human health risk to future residents. The BER is simply triggered because this used to be an agricultural site. It is not because there actually is any toxins on the site at the moment, and so I… I will, 1126 02:19:28.170 --> 02:19:36.100 Speaker 2 (Community Hall): trust that staff read the report correctly. That's my personal opinion. Seems like the rest of the Commission 1127 02:19:36.450 --> 02:19:42.339 Speaker 2 (Community Hall): feels okay. Do we have any final comments before we move to a vote? 1128 02:19:42.340 --> 02:19:43.130 Santosh Rao: We do. 1129 02:19:43.410 --> 02:19:44.190 Speaker 2 (Community Hall): Yes. 1130 02:19:44.639 --> 02:19:52.869 Santosh Rao: The CEQA document talks about a CUP, however, I don't see any CUP. Can placeworks clarify the reference to CUP? 1131 02:19:53.179 --> 02:19:55.469 Santosh Rao: in the secret document. 1132 02:19:59.940 --> 02:20:05.170 Alexis Mena, PlaceWorks: I'm just finding that… I believe that has to do with the land use, requirements. 1133 02:20:06.830 --> 02:20:15.949 Alexis Mena, PlaceWorks: Let's see… Are you… are you referring to the statement in the table that… Residential uses are… 1134 02:20:16.160 --> 02:20:19.239 Alexis Mena, PlaceWorks: permitted through approval of a CUP? 1135 02:20:21.410 --> 02:20:24.940 Santosh Rao: Table 1 on page 8. 1136 02:20:25.630 --> 02:20:26.640 Santosh Rao: the first… 1137 02:20:26.640 --> 02:20:28.920 Alexis Mena, PlaceWorks: So, that is what I'm… That's true. 1138 02:20:29.070 --> 02:20:34.510 Alexis Mena, PlaceWorks: Yes, so I believe that that is one of the, that that is the concession. 1139 02:20:34.860 --> 02:20:51.319 Alexis Mena, PlaceWorks: And I think city staff could probably respond to this better than I can, but I believe that that is the topic of the concession that the project is requesting to allow, residential-only uses, where typically commercial uses would be required, or mixed use. 1140 02:20:51.760 --> 02:20:52.520 Speaker 2 (Community Hall): The frontal corner. 1141 02:20:52.520 --> 02:20:55.349 Santosh Rao: So, I'm trying to understand your response. So, this table… 1142 02:20:55.470 --> 02:21:01.490 Santosh Rao: is taken from the PRC21080.66A4, is that right? 1143 02:21:01.610 --> 02:21:02.509 Santosh Rao: What is the… 1144 02:21:02.510 --> 02:21:04.350 Alexis Mena, PlaceWorks: That's what this table's evaluating. 1145 02:21:04.350 --> 02:21:10.299 Santosh Rao: So then the language there states, then the language there states, through the approval of a conditional use permit. 1146 02:21:10.830 --> 02:21:15.419 Santosh Rao: Should the resolution include a conditional use permit, or is it only doesn't? 1147 02:21:15.700 --> 02:21:21.660 Speaker 9 (Community Hall): through the chair, if I can… if I can interject, we don't require use permits further. We can strike this in the next, 1148 02:21:21.960 --> 02:21:24.160 Speaker 9 (Community Hall): Prior to Council did this portion. 1149 02:21:24.745 --> 02:21:31.144 Speaker 8 (Community Hall): North De Anza plan might require it, but we cannot require one for this site, for the project that's proposed. 1150 02:21:31.810 --> 02:21:34.699 Alexis Mena, PlaceWorks: Because of state law. So this is… this, 1151 02:21:34.880 --> 02:21:41.499 Alexis Mena, PlaceWorks: The table is simply just summarizing what is required under existing plans, and 1152 02:21:41.750 --> 02:21:52.379 Alexis Mena, PlaceWorks: specific plans, but like city staff said, state law overrules that, and so because this is a concession for the project, the CUP is not required. 1153 02:21:55.220 --> 02:21:58.100 Santosh Rao: Trying to understand what you're saying. 1154 02:21:58.710 --> 02:22:08.649 Santosh Rao: Are you saying that the CUP is not required because of the concession? But where does it say that a CUP is required? Is that in the conceptual plan? 1155 02:22:12.840 --> 02:22:16.229 Santosh Rao: I'm trying to understand the second column here in this first row. 1156 02:22:16.470 --> 02:22:20.580 Santosh Rao: Is that language from the statute, or is that staff's response to the statute? 1157 02:22:23.240 --> 02:22:27.150 Speaker 8 (Community Hall): That is the consultant summary of the city's requirements and regulations. 1158 02:22:27.320 --> 02:22:35.069 Santosh Rao: Okay, so who has written the statement around the conditional use permit? Is that Placeworks wrote that an approval of a CUP is required? 1159 02:22:36.110 --> 02:22:39.700 Speaker 8 (Community Hall): That's from the North De Anza Conceptual Plan, is my understanding. 1160 02:22:40.780 --> 02:22:46.279 Santosh Rao: Okay, so is there a finding that weights the requirement for a CUP? I did not see a… 1161 02:22:46.480 --> 02:22:50.249 Santosh Rao: CUP reference being waived in the resolution. 1162 02:22:51.560 --> 02:22:56.700 Speaker 8 (Community Hall): This is a 100% residential project on a site that allows residential uses. 1163 02:22:57.010 --> 02:23:01.499 Speaker 8 (Community Hall): And so, as a result, we cannot require a conditional use permit for that. 1164 02:23:05.550 --> 02:23:10.720 Santosh Rao: Okay, I'm trying to, again… If the… 1165 02:23:11.250 --> 02:23:14.299 Santosh Rao: If the plan is not compliant with 1166 02:23:14.810 --> 02:23:17.589 Santosh Rao: A requirement in the conceptual plan. 1167 02:23:17.750 --> 02:23:21.479 Santosh Rao: We have to either require a waiver of that requirement. 1168 02:23:23.020 --> 02:23:31.399 Santosh Rao: or we have to provide that requirement. So, which one is it? Have we got a finding that waives the requirement for a CUP in the conceptual plan? 1169 02:23:32.020 --> 02:23:45.109 Speaker 8 (Community Hall): Under the, city's municipal code, because this is a planned development, you only need the permits that are under the municipal code, which includes the ASA that is required for this project. 1170 02:23:45.310 --> 02:23:50.219 Santosh Rao: But the conceptual plan applies in addition to the general plan and the money code. 1171 02:23:50.220 --> 02:23:57.049 Speaker 8 (Community Hall): permits required, stem from the planned unit development designation from the municipal code. 1172 02:23:57.930 --> 02:24:04.389 Santosh Rao: So do we have no findings, then, in the resolutions that waive any aspect of the conceptual plan? 1173 02:24:06.280 --> 02:24:09.440 Speaker 8 (Community Hall): Development standards, yes. Permit requirements, no. 1174 02:24:13.580 --> 02:24:17.330 Speaker 2 (Community Hall): Commissioner Rao, is there an amendment you would like to make to the motion that is on the table? 1175 02:24:22.300 --> 02:24:28.639 Santosh Rao: I'm still trying to understand why we either have a CUP or don't have a CUP. I don't think we're ready to move to 1176 02:24:29.010 --> 02:24:31.459 Santosh Rao: Unless the chair wants to call the vote in. 1177 02:24:31.770 --> 02:24:33.270 Santosh Rao: We have already… 1178 02:24:33.380 --> 02:24:45.990 Santosh Rao: chosen to ignore certain other things. Now we want to ignore the CUP, that's okay with me. But I'm still trying to understand stress response. So, we're saying that the use of a CUP does not require a filing with a waiver. 1179 02:24:48.030 --> 02:24:49.590 Santosh Rao: Where is the basis for that? 1180 02:24:53.370 --> 02:25:00.359 Speaker 8 (Community Hall): This is a planned development zoning district in which a 100% residential project has been proposed. 1181 02:25:00.490 --> 02:25:06.240 Speaker 8 (Community Hall): Under the municipal code, they are only required to obtain an ASA permit. 1182 02:25:08.210 --> 02:25:11.950 Speaker 8 (Community Hall): And the tree removal permit and the tentative map that they've applied for. 1183 02:25:15.400 --> 02:25:19.270 Santosh Rao: Okay, but when the conceptual plan states that a COP is required. 1184 02:25:19.800 --> 02:25:22.810 Santosh Rao: what are we to do with that? Do we just ignore the conceptual plan? 1185 02:25:23.920 --> 02:25:31.459 Speaker 8 (Community Hall): As far as permit requirements go, because this is a planned development zoning district, key chapter of the municipal code applies. 1186 02:25:36.440 --> 02:25:38.570 Santosh Rao: Anthony Wu, are you willing to confirm that? 1187 02:25:39.670 --> 02:25:49.339 Speaker 11 (Community Hall): I'm willing to say that, based on what I'm hearing from staff, that notwithstanding what's said in the conceptual plan, a CUP is not applicable to this project. 1188 02:25:51.560 --> 02:25:59.090 Santosh Rao: Okay, you can ignore that in that case, based on the evidence showing that the attorney agreed with that. I… I still… 1189 02:25:59.210 --> 02:26:04.879 Santosh Rao: Struggle to understand what basis commissioners are supposed to evaluate. 1190 02:26:05.150 --> 02:26:08.530 Santosh Rao: These conceptual plans and general plans, if we 1191 02:26:08.810 --> 02:26:16.140 Santosh Rao: If we have statutes or statements in the plans that we do not waive, and no concessions are sought. 1192 02:26:16.640 --> 02:26:18.040 Santosh Rao: But I will let it go. 1193 02:26:20.380 --> 02:26:25.379 Speaker 2 (Community Hall): Okay, do we have any comments from the rest of the Commission before we move to a vote? 1194 02:26:25.380 --> 02:26:29.760 Santosh Rao: Were we going to see the results of the report by email, or is the chair 1195 02:26:29.860 --> 02:26:32.450 Santosh Rao: Using the chair's discretion to waive. 1196 02:26:32.760 --> 02:26:36.489 Santosh Rao: The health hazards for 27 future families. 1197 02:26:38.600 --> 02:26:43.690 Speaker 2 (Community Hall): I, I believe that the staff said they would, would share the report. 1198 02:26:45.360 --> 02:26:47.410 Santosh Rao: So, can we see that? Has that been said? 1199 02:26:51.110 --> 02:26:57.839 Speaker 11 (Community Hall): I believe the staff will email it to you after the vote is taken, maybe this evening or tomorrow, if that's acceptable. 1200 02:26:59.370 --> 02:27:03.880 Santosh Rao: To the chair, is there any reason why this email cannot go out now, so we can see it now? 1201 02:27:06.010 --> 02:27:11.320 Speaker 2 (Community Hall): I… I… again, I do not consider this to be a hazard to the families, however, 1202 02:27:11.640 --> 02:27:25.930 Speaker 2 (Community Hall): if you… if staff could briefly pull this up on the screen for the sake of this public hearing, that would be helpful. It sounds like there's some Commissioner concern, and interest in seeing the actual underlying document behind the AB130 exemption. 1203 02:27:26.760 --> 02:27:30.179 Speaker 2 (Community Hall): But again, I do not feel that there is any hazard here. 1204 02:27:31.460 --> 02:27:35.299 Santosh Rao: Okay, I'm going to make a substitute motion to continue this hearing. 1205 02:27:35.500 --> 02:27:47.770 Santosh Rao: So that this is on the written record as to which commissioners voted which way on the topic of environmental hazards to future restaurant families in Cupertino. Let the evidence record 1206 02:27:47.900 --> 02:27:50.219 Santosh Rao: How are commissioners vote on this topic? 1207 02:27:50.540 --> 02:27:53.419 Santosh Rao: I'm gonna make a substitute motion to continue this. 1208 02:27:53.420 --> 02:27:54.149 Speaker 2 (Community Hall): I would like to… 1209 02:27:54.150 --> 02:27:56.929 Santosh Rao: the report is available, do I have a second? 1210 02:27:56.930 --> 02:27:59.130 Speaker 2 (Community Hall): Can I call the question? Wow. 1211 02:27:59.350 --> 02:28:10.019 Speaker 11 (Community Hall): It's appropriate for Commissioner Rao to make a motion to continue the hearing. So there's a second, you can debate it, and then take a vote on his motion. So there's a motion on the table. 1212 02:28:10.360 --> 02:28:12.309 Speaker 11 (Community Hall): I would seek a second. 1213 02:28:12.660 --> 02:28:13.910 Speaker 11 (Community Hall): At this point, Chair. 1214 02:28:15.650 --> 02:28:19.950 Speaker 7 (Community Hall): Wait, so you need a second prior to debating the motion? That's correct. 1215 02:28:21.680 --> 02:28:23.220 Speaker 7 (Community Hall): Alright, I'll second it. 1216 02:28:23.580 --> 02:28:25.350 Santosh Rao: Thank you, Commissioner Shaw. 1217 02:28:25.350 --> 02:28:31.349 Speaker 11 (Community Hall): To be clear, the motion is… the motion, the second is to whether to continue this hearing. 1218 02:28:31.790 --> 02:28:35.769 Santosh Rao: Until… until the evidence is provided in writing, and that could be done through email. 1219 02:28:36.320 --> 02:28:41.669 Speaker 7 (Community Hall): I don't understand why we can't see that report right now. It just seems like something's being hidden. 1220 02:28:41.790 --> 02:28:43.549 Speaker 7 (Community Hall): That we're not being able. 1221 02:28:43.550 --> 02:28:44.340 Santosh Rao: Thank you, Western. 1222 02:28:44.340 --> 02:28:49.269 Speaker 7 (Community Hall): And I don't think it's funny at all. Can we please just… You know, and I think that was inappropriate. 1223 02:28:49.580 --> 02:28:50.960 Speaker 7 (Community Hall): city. 1224 02:28:50.965 --> 02:28:54.374 Speaker 2 (Community Hall): staff, is it possible to just have the report emailed right now? Thank you. 1225 02:28:56.390 --> 02:28:57.669 Santosh Rao: Thank you, Weiss Asharf. 1226 02:29:25.250 --> 02:29:27.950 Speaker 10 (Community Hall): This motion was to continue, I think we can vote on that. 1227 02:29:28.470 --> 02:29:30.520 Speaker 10 (Community Hall): It has nothing to do with whether we… 1228 02:29:30.920 --> 02:29:32.610 Speaker 10 (Community Hall): look at the report you're done now. 1229 02:29:33.175 --> 02:29:38.095 Speaker 7 (Community Hall): Yeah, that… I mean, it's true. It's, I was hoping that… 1230 02:29:38.315 --> 02:29:40.885 Speaker 7 (Community Hall): they would disclose the report, it doesn't appear. 1231 02:29:40.890 --> 02:29:41.520 Santosh Rao: Yes. 1232 02:29:41.520 --> 02:29:41.910 Speaker 7 (Community Hall): But that. 1233 02:29:41.910 --> 02:29:43.720 Santosh Rao: Thank you. Let us, let us vote on the. 1234 02:29:43.720 --> 02:29:46.930 Speaker 8 (Community Hall): Sure, we're emailing that report right now. 1235 02:29:46.930 --> 02:29:53.839 Santosh Rao: I'm happy to vote on the motion so that the minutes reflect who voted which way when it comes to environmental hazard. 1236 02:29:54.010 --> 02:29:54.680 Santosh Rao: to 20. 1237 02:29:54.680 --> 02:29:57.040 Speaker 10 (Community Hall): We're not, we're not voting on that, we're voting on… 1238 02:29:57.600 --> 02:29:59.089 Santosh Rao: We're voting on a motion to continue. 1239 02:29:59.090 --> 02:30:01.610 Speaker 10 (Community Hall): Whether or not we're going to continue the meeting. 1240 02:30:01.960 --> 02:30:03.159 Speaker 10 (Community Hall): It's very simple. 1241 02:30:03.320 --> 02:30:16.000 Santosh Rao: We are voting on a motion to continue. A motion to continue requires a condition for when the meeting agenda item shall be heard again. The condition in this case is the availability of written evidence from the results of the. 1242 02:30:16.000 --> 02:30:16.540 Speaker 10 (Community Hall): negotiations. 1243 02:30:16.730 --> 02:30:25.119 Speaker 2 (Community Hall): Commissioner Rao, I think maybe you're… you… just because you can't see it, I… staff is working to send the report out right now. 1244 02:30:28.690 --> 02:30:37.340 Speaker 8 (Community Hall): The size of the reports are rather large. What I will try to do is I will share my screen so it can be seen. The reports do exist. 1245 02:30:37.340 --> 02:30:40.079 Speaker 2 (Community Hall): Are the reports also being sent at the moment? We are… 1246 02:30:40.085 --> 02:30:43.995 Speaker 8 (Community Hall): Attempting to do that, but these are, fairly large files. 1247 02:30:44.000 --> 02:30:48.769 Santosh Rao: Point, point, point of order, I'm alarmed that we have a large report. 1248 02:30:48.970 --> 02:30:54.889 Santosh Rao: That was not in the written evidence, and we felt it was appropriate to move forward without looking at this large report. 1249 02:30:55.910 --> 02:31:06.470 Speaker 11 (Community Hall): So, Chair, you… you can take a vote to… Called this question, Whether to continue, the meeting. 1250 02:31:07.870 --> 02:31:21.209 Speaker 2 (Community Hall): I think, since the report is, being pulled up right now, let's… let's let it happen. You know, I have a lot of respect for the time of the public that, you know, came here. 1251 02:31:21.210 --> 02:31:32.660 Speaker 2 (Community Hall): This evening, and if we can get this resolved now, I would prefer to do so, rather than postpone this, for information that is clearly in the possession of staff. 1252 02:31:36.190 --> 02:31:41.330 Speaker 9 (Community Hall): It's like $28, but… 2018. 1253 02:31:41.330 --> 02:31:45.769 Santosh Rao: Through the chair, while we are waiting, let me remind ourselves, a large report. 1254 02:31:46.110 --> 02:31:49.660 Santosh Rao: It's being sent to us, something that we did not have access to before. 1255 02:31:50.150 --> 02:31:54.699 Santosh Rao: And we are only reviewing it now, because two… 1256 02:31:55.440 --> 02:31:57.129 Santosh Rao: Commissioners who are willing to continue. 1257 02:31:57.130 --> 02:31:58.270 Speaker 9 (Community Hall): Reduce the size. 1258 02:31:58.270 --> 02:32:05.659 Santosh Rao: could see it, and I think it's important to keep that in mind. What large report did we not see that we should have seen? 1259 02:32:05.660 --> 02:32:06.500 Speaker 8 (Community Hall): I did. 1260 02:32:08.500 --> 02:32:10.229 Speaker 9 (Community Hall): Alright, I have 3 items right here. 1261 02:32:10.880 --> 02:32:11.430 Community Hall: Okay. 1262 02:32:11.870 --> 02:32:13.720 Speaker 8 (Community Hall): Can you put it into presentations folder? 1263 02:32:14.100 --> 02:32:17.860 Speaker 8 (Community Hall): Yeah, I just gotta reduce the size. No, just pull it in for now. Okay. 1264 02:32:26.660 --> 02:32:31.329 Santosh Rao: While we are trying to pull this up, can I ask staff if there were underground storage tanks at the site? 1265 02:32:36.640 --> 02:32:44.030 Speaker 8 (Community Hall): I will let Alexis and Rachel answer that question, but I don't believe there were, and if you can confirm. 1266 02:32:44.380 --> 02:32:46.939 Alexis Mena, PlaceWorks: I'm sorry, I didn't unders… hear the question. 1267 02:32:47.100 --> 02:32:50.169 Speaker 8 (Community Hall): Were there any underground storage tanks on the site? 1268 02:32:50.730 --> 02:32:57.110 Alexis Mena, PlaceWorks: Oh, let me… Look now… 1269 02:33:30.360 --> 02:33:41.020 Alexis Mena, PlaceWorks: Because the project is… the project site is not listed on the Cortesi list, that means it, is not on a list of sites that include a leaking underground storage, tank. 1270 02:33:41.500 --> 02:33:47.820 Alexis Mena, PlaceWorks: I'm just double-checking the documentation to see if there was any type of… you know, past… 1271 02:33:48.120 --> 02:33:53.050 Alexis Mena, PlaceWorks: Or a closed action that might have been related to a previous underground storage tank or anything like that. 1272 02:33:59.050 --> 02:34:03.390 Speaker 8 (Community Hall): Chair, we do have the reports on the screen, if it's, helpful to see. 1273 02:34:04.070 --> 02:34:06.710 Speaker 17 (Community Hall): Great, thank you. We can scroll through them. 1274 02:34:08.340 --> 02:34:14.060 Speaker 9 (Community Hall): So, there's 3 documents, there's the Phase 1, there's the Phase 2, as well as the peer review from our consultant. 1275 02:34:15.570 --> 02:34:18.019 Santosh Rao: So we now have 3 reports that we have not seen. 1276 02:34:20.340 --> 02:34:26.530 Speaker 8 (Community Hall): The ESA references all three, the Phase 1, the Limited Phase 2, and the Peer Review. 1277 02:34:27.190 --> 02:34:30.700 Speaker 9 (Community Hall): I'm scrolling currently to page 29, which is the conclusion. 1278 02:34:31.170 --> 02:34:37.369 Santosh Rao: Okay, I would like to vote on that motion to continue. I don't believe we can do justice to reviewing 3 reports at this point. 1279 02:34:46.770 --> 02:34:51.599 Speaker 11 (Community Hall): Sounds like the mover chair is requesting a vote to continue. 1280 02:34:52.350 --> 02:34:57.110 Speaker 2 (Community Hall): I have not had a chance to see the page that's being referred to. 1281 02:34:59.800 --> 02:35:03.479 Santosh Rao: Point of order, if there is a motion to continue on the table. 1282 02:35:03.690 --> 02:35:06.529 Santosh Rao: Are we allowed to deliver it, or are we required to vote on it? 1283 02:35:07.160 --> 02:35:09.730 Speaker 2 (Community Hall): Well, this is directly related to that motion. 1284 02:35:09.730 --> 02:35:11.730 Santosh Rao: Sorry, the question was for Atenibu. 1285 02:35:14.370 --> 02:35:22.039 Speaker 6 (Community Hall): I think the chair addressed it. The motion was directly related to what we're… we asked to see, and we should have a chance to review it. 1286 02:35:22.260 --> 02:35:26.480 Santosh Rao: There is a question for Batoni Wu. If a motion to continue is made. 1287 02:35:26.990 --> 02:35:32.150 Santosh Rao: Is deliberation allowed, or should we be voting on the motion to continue? There are 3 reports here. 1288 02:35:32.460 --> 02:35:35.409 Speaker 11 (Community Hall): No, no, no, this… the deliberations is allowed. 1289 02:35:35.550 --> 02:35:36.670 Speaker 11 (Community Hall): That's why… 1290 02:35:36.780 --> 02:35:50.189 Speaker 11 (Community Hall): I asked the chair whether she wanted to obtain a motion to end debate, and she declined that suggestion, and so now, you guys are deliberating as part of deliberations. Apparently, you're going to be discussing this report. 1291 02:35:50.900 --> 02:35:52.620 Speaker 11 (Community Hall): That's on screen right now. 1292 02:35:52.910 --> 02:35:54.790 Speaker 11 (Community Hall): Okay, so it says… 1293 02:35:55.850 --> 02:36:01.569 Speaker 2 (Community Hall): No evidence that agricultural chemicals were applied in noncompliance Or stored in large quantities. 1294 02:36:01.760 --> 02:36:06.740 Speaker 2 (Community Hall): No evidence of past usage of pesticides, herbicides, or other agricultural chemicals. 1295 02:36:06.960 --> 02:36:13.480 Speaker 2 (Community Hall): mixed, formulated, or disposed of at the subject property. Therefore, this is not considered a REC based on legal appendix. 1296 02:36:16.890 --> 02:36:21.760 Speaker 7 (Community Hall): So, was there any soil testing done that is in this document? 1297 02:36:21.765 --> 02:36:24.074 Speaker 9 (Community Hall): This is a… Phase 1 is the first… 1298 02:36:25.185 --> 02:36:32.135 Speaker 9 (Community Hall): It's just basically the primary investigation. Okay. There was a subsequent Phase 2, which I'm ready to share as well. Okay, great, let's see that. 1299 02:36:32.140 --> 02:36:33.570 Santosh Rao: Yeah, yeah, exactly. 1300 02:36:34.320 --> 02:36:39.179 Santosh Rao: We were looking at the wrong report, just to… just to make sure everybody understood what was just said. 1301 02:36:39.310 --> 02:36:47.619 Santosh Rao: the commentary offered by the chair was based on the Phase 1 report, which would not have the results that we are looking for. We were looking for a Phase 2 report. 1302 02:36:47.620 --> 02:36:49.809 Speaker 9 (Community Hall): Phase 2 up if you want to share the screen. Thank you. 1303 02:36:50.320 --> 02:37:00.980 Santosh Rao: This is just highlighting the perils of looking at things on the screen, as opposed to sending documents and written evidence that can be reviewed by commissioners ahead of time and during the meeting, as well as members of the public. 1304 02:37:01.640 --> 02:37:04.429 Santosh Rao: Which is why we have a motion to continue here on the table. 1305 02:37:04.820 --> 02:37:05.480 Speaker 7 (Community Hall): That's… 1306 02:37:08.080 --> 02:37:09.830 Speaker 9 (Community Hall): So, very brief summary. 1307 02:37:10.300 --> 02:37:11.490 Speaker 9 (Community Hall): But here it is. 1308 02:37:16.260 --> 02:37:19.329 Santosh Rao: Sorry, I cannot see this on the screen. I need this emailed. 1309 02:37:26.580 --> 02:37:28.869 Santosh Rao: Are staff able to email this report? 1310 02:37:32.440 --> 02:37:34.240 Speaker 17 (Community Hall): Can you read it to him? Okay, it says… 1311 02:37:34.240 --> 02:37:48.050 Speaker 2 (Community Hall): and maybe staff could potentially email a screenshot of this one page. All detected concentrations in the shallow soil were below applicable residential ESLs. Therefore, metals and OCPs from past agricultural orchard use do not present an unacceptable 1312 02:37:48.050 --> 02:38:04.230 Speaker 2 (Community Hall): human health risk to future residents. Based on the limited Phase 2 results, no further investigation is recommended for the site. I mean, based on this, again, you can send me the report afterwards, but my decision would be no different. And so, if we would like to vote on the motion at hand, or… 1313 02:38:04.775 --> 02:38:07.464 Speaker 6 (Community Hall): Chair, can I… can I ask… I'll withdraw myself. 1314 02:38:07.470 --> 02:38:10.229 Speaker 7 (Community Hall): second, then, given that I see this song. 1315 02:38:10.235 --> 02:38:17.664 Speaker 6 (Community Hall): I was gonna suggest if Commissioner Sandosh would like to withdraw his motion, given this data that we've had shared with us. 1316 02:38:18.110 --> 02:38:20.740 Santosh Rao: No, I would not withdraw the motion, I would… 1317 02:38:20.850 --> 02:38:34.500 Santosh Rao: want the minutes to reflect that a motion was made, was seconded, and the second was withdrawn. We have reports that we have not had a chance to study. A screenshot or looking at one part of the report is insufficient. 1318 02:38:34.600 --> 02:38:37.460 Santosh Rao: consideration of the evidence, so I will not withdraw the motion. 1319 02:38:41.720 --> 02:38:44.050 Speaker 11 (Community Hall): So we're back at the primary motion now, Chair. 1320 02:38:45.790 --> 02:38:46.430 Speaker 17 (Community Hall): Yes. 1321 02:38:47.335 --> 02:38:51.455 Speaker 2 (Community Hall): I'm sorry, it's been a while, can we please repeat the primary motion? 1322 02:38:51.455 --> 02:38:52.505 Speaker 17 (Community Hall): Okay. 1323 02:38:52.755 --> 02:38:55.184 Speaker 17 (Community Hall): Oh, want to read it? 1324 02:38:56.265 --> 02:38:57.184 Speaker 17 (Community Hall): Good read. 1325 02:38:59.970 --> 02:39:00.830 Community Hall: Did you see one of these? 1326 02:39:00.990 --> 02:39:02.890 Speaker 3 (Community Hall): If you could read it, that would be… 1327 02:39:02.890 --> 02:39:14.509 Speaker 6 (Community Hall): So the motion on the table is to approve the staff recommendation as written, with an additional request to the, to the applicant. 1328 02:39:14.610 --> 02:39:30.189 Speaker 6 (Community Hall): To, create… to provide a disclosure to residents that are, going to move into the property, disclosing that the sites around them are mixed-use, residential, industrial, commercial. 1329 02:39:31.240 --> 02:39:32.380 Speaker 6 (Community Hall): That was the motion. 1330 02:39:33.930 --> 02:39:34.559 Speaker 15 (Community Hall): Thank you. 1331 02:39:34.840 --> 02:39:38.019 Speaker 15 (Community Hall): And we're… I'm sorry, there's advice… Well, actually… 1332 02:39:38.220 --> 02:39:43.620 Speaker 10 (Community Hall): Were you picking up her thing about the… there was an additional fence on the north side? 1333 02:39:44.620 --> 02:39:46.939 Speaker 10 (Community Hall): No, it's not part of that, okay. Not put in motion. Okay. 1334 02:39:47.830 --> 02:39:51.639 Speaker 17 (Community Hall): Okay, City Clerk, I think… Subject to discussion, I understand. 1335 02:39:51.980 --> 02:39:54.700 Santosh Rao: Through the Chair, we have not made closing comments yet. 1336 02:39:55.790 --> 02:39:57.609 Speaker 2 (Community Hall): Are there any closing comments? 1337 02:40:00.020 --> 02:40:02.369 Santosh Rao: I will defer to other commissioners and then go. 1338 02:40:06.650 --> 02:40:10.509 Speaker 10 (Community Hall): Perhaps we should call the question. Okay, so… I'm ready to vote. Go ahead. 1339 02:40:10.770 --> 02:40:12.340 Santosh Rao: Sorry, are we… is the chair… 1340 02:40:12.340 --> 02:40:14.599 Speaker 2 (Community Hall): Commissioner Rao, go ahead, you have a closing comment? Go ahead. 1341 02:40:14.600 --> 02:40:20.850 Santosh Rao: Okay, so my closing comment is going to reflect that we Have a sequel to pork. 1342 02:40:21.080 --> 02:40:26.340 Santosh Rao: that had a FEMA checklist item that was based on East Estates Drive. 1343 02:40:26.860 --> 02:40:31.000 Santosh Rao: And that FEMA checklist item has not been corrected in the written evidence. 1344 02:40:31.310 --> 02:40:36.380 Santosh Rao: We have a CEQA exemption report, Where the Phase 1… 1345 02:40:37.100 --> 02:40:41.769 Santosh Rao: provided indication of a BAR that led to a Phase 2 investigation. 1346 02:40:41.970 --> 02:40:45.730 Santosh Rao: The results of the Phase 2 investigation was not in the written evidence. 1347 02:40:46.410 --> 02:40:47.810 Santosh Rao: we have… 1348 02:40:47.990 --> 02:40:57.499 Santosh Rao: a CEQA exemption report that states that a CUP approval is required in order to do 100% residential at this location. 1349 02:40:58.000 --> 02:41:04.520 Santosh Rao: We are getting verbal evidence, not written evidence, as to why a CUP is neither waived 1350 02:41:04.660 --> 02:41:11.229 Santosh Rao: Nor is it a concession, nor is there a finding, as to why that can be non-compliance. 1351 02:41:11.810 --> 02:41:15.800 Santosh Rao: And based on the plea, I urge our commissioners 1352 02:41:16.290 --> 02:41:19.770 Santosh Rao: To vote on the principle of holding staff to a high bar. 1353 02:41:20.040 --> 02:41:26.810 Santosh Rao: holding ourselves to a high bar, given all of the public feedback we've already had. That would be my closing comment. Thank you. 1354 02:41:28.940 --> 02:41:32.900 Speaker 2 (Community Hall): Thank you, Commissioner Rao. Do we have any further comments? Commissioner Linskog? 1355 02:41:33.230 --> 02:41:36.109 Speaker 17 (Community Hall): Oh, you have not? Alright, then we can… I think we're. 1356 02:41:36.115 --> 02:41:36.985 Speaker 2 (Community Hall): Ready for a vote? 1357 02:41:38.010 --> 02:41:39.950 Speaker 3 (Community Hall): Commissioner Fung? Aye. 1358 02:41:40.270 --> 02:41:41.660 Speaker 3 (Community Hall): Commissioner Linskogg? 1359 02:41:42.690 --> 02:41:43.460 Speaker 3 (Community Hall): Aye. 1360 02:41:44.010 --> 02:41:45.300 Speaker 3 (Community Hall): Commissioner Rao? 1361 02:41:45.700 --> 02:41:46.280 Santosh Rao: Nope. 1362 02:41:47.460 --> 02:41:49.070 Speaker 3 (Community Hall): Vice Chair Scharf? Aye. 1363 02:41:49.480 --> 02:41:53.970 Speaker 3 (Community Hall): Chair Casolsharon? Aye. The motion carries, with Commissioner Rao voting no. 1364 02:41:56.610 --> 02:42:02.759 Speaker 2 (Community Hall): Thank you very much, City Clerk. So, with that, we will move on to… we have no old business, no new business. 1365 02:42:03.955 --> 02:42:07.735 Speaker 17 (Community Hall): Oh, did we not… Yep. 1366 02:42:08.100 --> 02:42:10.410 Speaker 2 (Community Hall): Yes, that was the staff recommended action. 1367 02:42:10.800 --> 02:42:13.230 Speaker 2 (Community Hall): Are there any staff and commission reports? 1368 02:42:13.420 --> 02:42:15.459 Speaker 2 (Community Hall): That's, that's all I need. 1369 02:42:16.660 --> 02:42:35.489 Speaker 8 (Community Hall): staff does not have a report at this time, I'm trying to think. We anticipate that there will be a, there is an SB330 preliminary application at, Foothill and Stevens Creek Boulevard. We anticipate that we will be receiving a formal application soon. We just don't know when yet. 1370 02:42:38.180 --> 02:42:42.099 Speaker 2 (Community Hall): Thank you, Pew. Do we have any items for future agenda setting? 1371 02:42:42.780 --> 02:42:44.800 Santosh Rao: Sorry, Chair, did we ask for commission reports? 1372 02:42:44.800 --> 02:42:46.280 Speaker 2 (Community Hall): I, I did ask, yes. 1373 02:42:48.710 --> 02:42:49.370 Santosh Rao: Okay. 1374 02:42:50.590 --> 02:42:59.249 Speaker 2 (Community Hall): Okay, then if there are no further reports from anybody, we will move to future agenda setting. Any items from the Commission? 1375 02:43:00.590 --> 02:43:02.279 Santosh Rao: Are we allowed to ask the… 1376 02:43:02.740 --> 02:43:08.880 Santosh Rao: The timeline for when previous future agenda items suggested would be brought forward. 1377 02:43:09.690 --> 02:43:11.540 Santosh Rao: Or is that out of the scope of this? 1378 02:43:15.290 --> 02:43:18.569 Speaker 2 (Community Hall): I would like to pew, do you have an answer for that? 1379 02:43:18.575 --> 02:43:19.314 Speaker 17 (Community Hall): Whereas you… 1380 02:43:19.320 --> 02:43:26.379 Speaker 8 (Community Hall): We've discussed that you and I will be talking about the future agenda items and determine when that might come back to the Commission. 1381 02:43:28.620 --> 02:43:35.679 Santosh Rao: Yeah, I just wanna ask once again for a subcommittee on allowing commissioners to bring forth 1382 02:43:36.130 --> 02:43:45.469 Santosh Rao: potential housing element sites, I noticed that the cost of this is $660K to the city. So, we have already made a request for a subcommittee. 1383 02:43:45.470 --> 02:43:46.060 Speaker 8 (Community Hall): Is that alright? 1384 02:43:46.060 --> 02:43:47.910 Santosh Rao: And that's a future agenda item that's pending. 1385 02:43:50.250 --> 02:43:52.279 Speaker 17 (Community Hall): Okay, thank you. The request. 1386 02:43:52.280 --> 02:43:57.470 Speaker 2 (Community Hall): is noted, Any further items for future agenda setting? 1387 02:43:58.300 --> 02:44:00.480 Speaker 2 (Community Hall): Okay, with that, the meeting is adjourned. Thank you.