HomeMy WebLinkAboutPC 05-12-2026 Youtube and Zoom TranscriptWEBVTT
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Speaker 2 (Community Hall): Hello, and welcome to the Planning Commission
meeting for May 12th, 2026. Please rise for the Pledge of Allegiance.
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Community Hall: I pledge allegiance to the flag of the United States of
America.
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Community Hall: And to their love for which it stands, one nation,
indivisible, with liberty and justice for all.
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Community Hall: City Clerk, may we please have the roll call?
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Community Hall: Commissioner?
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Speaker 1 (Community Hall): Present. Commissioner Linskog? Present.
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Speaker 1 (Community Hall): Commissioner Rao?
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Speaker 1 (Community Hall): Vice Chair Scharf? Present. Chair Casolshron?
Present. For the record, Commissioner Rao is absent.
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Speaker 1 (Community Hall): Okay, then we will… thank you very much. We
will move to the approval of minutes.
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Speaker 2 (Community Hall): Agenda Item 1, approval of the April 28th
Planning Commission minutes. Do we have a motion?
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Speaker 1 (Community Hall): Sure, I'll move that we, adopt the minutes as
submitted.
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Speaker 1 (Community Hall): Second.
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Speaker 2 (Community Hall): Thank you. City Clerk, may you please have a
vote?
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Speaker 2 (Community Hall): Commissioner Feng? Aye.
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Speaker 2 (Community Hall): Commissioner Linskaug?
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Speaker 2 (Community Hall): safe.
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Community Hall: Thank you.
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Community Hall: Keep it.
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Speaker 3 (Community Hall): Commissioner Rao is absent. Vice Chair
Scharf? Aye.
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Speaker 2 (Community Hall): Cherokee Solstron?
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Speaker 2 (Community Hall): Bye.
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Speaker 1 (Community Hall): The motion carries with.
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Speaker 3 (Community Hall): Commissioner Linskogg abstaining, and
Commissioner Rao absent.
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Speaker 3 (Community Hall): Can I ask… we can vote with our lights,
right? Because, Commissioner Rao's not…
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Speaker 4 (Community Hall): participating remotely, he's absent. Yeah, I
think that's correct, and until he joins, you can vote tonight. Okay.
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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?
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Speaker 3 (Community Hall): We have one speaker in person, Kathy
Helgerson. Welcome, Kathy.
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Speaker 3 (Community Hall): Hi. I've never been to one of your meetings.
Anyways, my name's Kathy Helgerson.
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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.
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Speaker 5 (Community Hall): The reason I'm here is, and that no one else
is here, I'm here.
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Speaker 5 (Community Hall): Okay.
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Speaker 5 (Community Hall): Unfortunately, I live on 20697 Dunbar Drive,
which is on the other side of the wall of, Family Drive.
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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.
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Speaker 5 (Community Hall): Which you're all familiar with, right?
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Speaker 5 (Community Hall): Anywho, that list needs to be updated, it's
not accurate, and it goes to the, state senator.
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Speaker 5 (Community Hall): District 13, Josh Becker's office.
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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.
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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.
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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
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Speaker 5 (Community Hall): And the meeting was with the Economic
Development Committee.
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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
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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
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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.
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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.
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Speaker 5 (Community Hall): Now, a lot of these places, they're losing
their…
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Speaker 3 (Community Hall): Thank you, Kathy, that is your time. Try to
do something about that.
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Speaker 5 (Community Hall): Yeah, thank you.
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Speaker 5 (Community Hall): Thank you, Kathy.
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Speaker 3 (Community Hall): Our next speaker is Jennifer Griffin.
Welcome, Jennifer.
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Speaker 3 (Community Hall): I can't do it.
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Speaker 3 (Community Hall): I believe Commissioner Rao has joined the
meeting.
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Speaker 1 (Community Hall): meeting at 6.47 or 48 p.m, and I believe.
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Speaker 2 (Community Hall): That's all I wanted to report.
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Santosh Rao: Thank you, Commissioner Ghosh. I had my hand up for a while,
but was not recognized, but thank you for…
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Santosh Rao: And I'm sorry.
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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.
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Speaker 3 (Community Hall): Commissioner Rao, are you in the hotel lobby
of the Woodlands Resort in the Woodlands, Texas?
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Santosh Rao: Yes.
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Speaker 3 (Community Hall): Can you confirm that you posted the agenda at
your location?
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Santosh Rao: Yes.
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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?
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Santosh Rao: Nope.
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Speaker 3 (Community Hall): I'll rely on you to notify me if any member
of the public wishes to speak from your location.
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Santosh Rao: Sounds good, thank you.
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Speaker 3 (Community Hall): Okay, our next speaker is Jennifer Griffin.
Welcome, Jennifer.
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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.
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Jenny Griffin: Okay, I will just say that,
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Jenny Griffin: Can I mention a housing bill
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Jenny Griffin: that pertains to townhouse complexes that is proposed for
next year. It's AB… 1751 by…
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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
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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
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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
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Jenny Griffin: have townhouse, any townhouse, Project B…
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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.
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Jenny Griffin: I have never been… it was like it treated the public like
they were stupid.
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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.
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Jenny Griffin: I have no problem with
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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.
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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…
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Jenny Griffin: upset, and I feel like Buffy Wicks and Mrs. Quirksilva
have taken advantage of the public and are ignoring them.
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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.
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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.
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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.
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Speaker 3 (Community Hall): Thank you, Jennifer. Our next speaker is
Estevan Lopez. Welcome, Esteban.
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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.
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Speaker 2 (Community Hall): Pardon me?
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Estevan Lopez: driving.
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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.
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Estevan Lopez: I am so sorry. Sounds good, thank you.
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Speaker 2 (Community Hall): Thank you.
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Speaker 3 (Community Hall): We have no speakers in person, and no hands
raised on Zoom, Chair.
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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.
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Santosh Rao: Yes, I met with the… applicant, and
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Santosh Rao: I reached out to the Garden Gate homeowners, but heard back
from nobody.
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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.
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Speaker 6 (Community Hall): A few emails for clarification questions, and
that's it.
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Speaker 1 (Community Hall): Okay, I spoke with the owner of the building
immediately behind this project, and I also.
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Speaker 7 (Community Hall): with the, with Apple's, legislative person,
Rod Deirdon Jr, regarding Apple's, concerns about the project. Thank you.
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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.
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Speaker 2 (Community Hall): I met with the, applicants as well.
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Speaker 2 (Community Hall): And I used to work in the building next door.
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Speaker 2 (Community Hall): Thank you very much. So then we will move to
the staff presentation from our senior planner, John Martyr.
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Speaker 2 (Community Hall): Bye.
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Speaker 2 (Community Hall): Good evening, Commission, thank you so much.
I'm Pugosch Planning Manager, and with me.
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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.
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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.
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Speaker 9 (Community Hall): development department, and I've been the
project manager of, 10268 Banley Drive, also known as Summerhill Homes 3,
since,
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Speaker 9 (Community Hall): Since it's preliminary review days. So,
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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.
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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,
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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,
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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
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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.
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Speaker 9 (Community Hall): It falls within North Dianza Special Area of
the General Plan.
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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.
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Speaker 9 (Community Hall): The applicant has submitted an SB330
application in July 2025.
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Speaker 9 (Community Hall): and submitted, the formal application,
November 2025, well within the 180 days as, required by law.
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Speaker 9 (Community Hall): to invest the project under SP330.
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Speaker 9 (Community Hall): The site does, as mentioned prior, within a
planned development zoning district.
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Speaker 9 (Community Hall): Which means that any residential development
would default to the R3 zoning regulations, as this one is.
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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.
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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.
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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.
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Speaker 9 (Community Hall): And again, the, fourth three-story…
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Speaker 9 (Community Hall): The three-story buildings range from 2,120 to
2,822 square feet.
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Speaker 9 (Community Hall): And this project qualifies for density bonus.
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Speaker 9 (Community Hall): So the applicant is asking for 4 waivers and
1 concession.
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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.
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Speaker 9 (Community Hall): Rear setback is, required to be 34 feet based
upon,
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Speaker 9 (Community Hall): Based upon the standards of the R3 zone.
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Speaker 9 (Community Hall): And they're proposing 12 and a half feet
instead from the property line.
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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.
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Speaker 9 (Community Hall): They are foregoing that, standard, and really
proposing around the 5, outdoor, guest parking spaces, just a,
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Speaker 9 (Community Hall): Just a pathway for motorists who park their
car, and easy access in and out.
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Speaker 9 (Community Hall): And further, consistent with the, North De
Anza Exceptional Plan area,
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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
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Speaker 9 (Community Hall): Times the width…
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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.
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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.
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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,
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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
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Speaker 9 (Community Hall): Directly does include all the correct sheets,
including this rendering right here.
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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,
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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.
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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,
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Speaker 9 (Community Hall): the Commission's recommendation would be
forwarded to Council on June 2nd for a decision on the project, and
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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.
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Speaker 2 (Community Hall): Thank you very much, and I'll bring it back
to the Commission. Do we have any clarifying questions?
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Speaker 7 (Community Hall): What was this building used for in the past?
Was there ever any manufacturing done there?
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Speaker 9 (Community Hall): I don't recall. I know in the recent past,
it's been primarily commercial office.
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Speaker 9 (Community Hall): Okay, thank you.
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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.
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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?
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Speaker 9 (Community Hall): Sure, the rendering that was, as part of the
agenda packet that the public was,
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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.
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Speaker 2 (Community Hall): Alright, thank you. Commissioner Winescobb?
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Speaker 6 (Community Hall): Can you give us information on who is
occupying the existing structure, and if any businesses are being
displaced?
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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,
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Speaker 9 (Community Hall): A studio, not a fitness studio, but a, like,
almost like a…
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Speaker 9 (Community Hall): Special… not a special education studio,
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Speaker 9 (Community Hall): I'm gonna ask the applicant, do you… are you
guys aware of who the current tenants are, Steve?
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Speaker 9 (Community Hall): That's right.
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Speaker 9 (Community Hall): And, and what?
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Speaker 9 (Community Hall): H&R Block's in there, okay, yes. And,
assuming that they would…
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Speaker 9 (Community Hall): Assuming they would need to move once
development started.
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Speaker 2 (Community Hall): Thank you. Commissioner Rao?
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Santosh Rao: Yes, can staff clarify what is the status of
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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…
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Santosh Rao: There are also certain conceptual plans that may apply, so
can you clarify what is the scope of,
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Santosh Rao: review today.
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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.
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Santosh Rao: Okay, and not the answer conceptual plan…
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Santosh Rao: It's a fairly old document, probably from the 70s or 80s,
but it is a…
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Santosh Rao: It is an adopted plan, and therefore is still something that
commissioners should consider.
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Speaker 9 (Community Hall): That's correct.
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Santosh Rao: Okay, and then the findings… In the resolutions and or the
applicant's waiver requests, would counter any…
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Santosh Rao: requirements from the conceptual plan, is that the
understanding?
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Speaker 9 (Community Hall): They have one waiver from the conceptual plan
standards, which is the, landscape, setback along the front.
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Santosh Rao: Okay, so are we then seeing that the…
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Santosh Rao: Project is compliant with the conceptual plan, with the
exception of that waiver.
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Speaker 9 (Community Hall): Correct.
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Santosh Rao: Okay, thank you.
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Speaker 2 (Community Hall): Commissioner Rao, are your questions
answered? Your hand is still raised.
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Santosh Rao: I will yield for now, and I'll come back with more
questions.
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Speaker 2 (Community Hall): I'm sorry, go on, go on, Vice Chair.
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Speaker 7 (Community Hall): Oh, sorry, but I hate to nitpick, but… in
the…
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Speaker 7 (Community Hall): Third slide, they spelled Bandley wrong
twice.
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Speaker 7 (Community Hall): So maybe you can fix that in the… you update
this presentation. Thank you.
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Speaker 2 (Community Hall): Yeah, I had one clarifying question.
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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
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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.
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Speaker 2 (Community Hall): And then second question would be.
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Speaker 2 (Community Hall): if we are creating new easements, you know,
are there agreements to those, and what is that?
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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.
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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.
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Speaker 2 (Community Hall): Okay, so we are not creating new ones, but it
says new public access easements will be required?
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Speaker 9 (Community Hall): Can you remind me… can you remind me where
you're seeing that? It's the letter G.
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Speaker 2 (Community Hall): on page… I think, 4.
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Speaker 2 (Community Hall): of the… Except for one? Vesting tentative map
approval.
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Speaker 2 (Community Hall): JP, general plan requires easement to close
students.
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Speaker 2 (Community Hall): If you've answered, I can't take a look at.
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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.
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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.
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Speaker 2 (Community Hall): Do we have any other questions?
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Speaker 2 (Community Hall): Commissioner Rao.
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Santosh Rao: Yes, so… I'm looking at the CEQA document.
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Santosh Rao: And it appears that we are looking to exempt CEQA.
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Santosh Rao: but yet there's a CEQA… memorandum included, how should we…
treat that SQL memorandum.
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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…
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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.
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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,
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Speaker 9 (Community Hall): It's not on a,
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Speaker 9 (Community Hall): what do you call a Cortesi list site, so this
qualifies statutorily for this, exemption.
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Santosh Rao: So, part of the table is also the FEMA designation. The
project cannot be with an A.
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Santosh Rao: Special flood hazard area, is that right?
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Speaker 9 (Community Hall): Correct.
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Santosh Rao: Okay, and… Has that condition been met?
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Speaker 9 (Community Hall): All the conditions that would, qualify this
for this statutory exemption have been met.
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Santosh Rao: Okay, and is the project on Bandley Drive?
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Speaker 9 (Community Hall): Yes.
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Santosh Rao: Okay.
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Santosh Rao: Has the project got any relation to Easter State Strife?
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Speaker 9 (Community Hall): Any relation to East Estates Drive? I don't
believe so.
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Santosh Rao: Okay.
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Santosh Rao: The table shows a FEMA report.
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Santosh Rao: That is actually linking to Easter States, right?
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Santosh Rao: the FEMA report, or FEMA… I guess it's called the…
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Santosh Rao: Team of flood insurance rate map lookups.
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Santosh Rao: It's not a badly drive, it's an east-assist, right? So how
should we treat that?
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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.
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Santosh Rao: age 14?
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Santosh Rao: Page 14 and page… 12.
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Santosh Rao: So, page 12 is the FEMA
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Santosh Rao: clarification. It's the first row in the table.
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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.
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Speaker 8 (Community Hall): The link on page 14.
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Santosh Rao: Yes, I've looked at that previously, and it is… It might be
a lot.
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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.
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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.
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Speaker 8 (Community Hall): Sorry, I can't confirm the system is
unavailable right now, my apologies.
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Santosh Rao: Sorry, if you look at page 14, footnote 12,
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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?
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Speaker 2 (Community Hall): I believe Commissioner Rao's just referring
to the URL. It includes a different address. Check.
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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.
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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
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Alexis Mena, PlaceWorks: Exemption criterion, and we can update that
note, certainly, prior to the next hearing.
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Santosh Rao: Okay, so Placeworks acknowledges that the written evidence
does not include evidence that the address of the project is actually
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Santosh Rao: compliant with the FEMA checklist item, is that right?
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Alexis Mena, PlaceWorks: Well, the information in the table is correct.
We can update… we can correct the, URLs provided in the footnote.
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Santosh Rao: Okay, but does… The document need to include written
evidence.
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Santosh Rao: That's the address of the project.
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Santosh Rao: Meets the requirement in the table.
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Alexis Mena, PlaceWorks: That is what this… that is what the table
describes, in the right-hand column, and so that information is correct.
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Alexis Mena, PlaceWorks: We just need to update the footnote.
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Santosh Rao: Okay.
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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.
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Santosh Rao: We need to probably include that in the condition of
approval, that this is updated.
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Speaker 8 (Community Hall): We can certainly update the report before it
gets to Council, but the documentation in, on page 12 indicates… oops.
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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.
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Santosh Rao: Yes, it needs to include the evidence, and I would…
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Santosh Rao: Recommend that we not use live links for exactly the reason
we just saw, it doesn't…
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Santosh Rao: Guarantee that the link is accessible during the hearing, so
we should include a screenshot or
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Santosh Rao: Or a downloaded proof that the project site is actually
compliant.
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Speaker 2 (Community Hall): Okay, thank you, Vice Chair.
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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.
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Speaker 7 (Community Hall): the things in the document, which is really
not acceptable. I mean…
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Speaker 7 (Community Hall): To have a completely different address in the
link is just, is… it's sloppy. Thank you.
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Speaker 2 (Community Hall): Commissioner Rowe?
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Santosh Rao: Yes, I have more questions.
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Santosh Rao: So, I'm looking at the written evidence.
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Santosh Rao: And we require that we notify the tribes within 14 days of
the application being deemed complete. Is that correct?
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Speaker 2 (Community Hall): That's correct.
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Santosh Rao: Simple stuff. Okay.
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Speaker 2 (Community Hall): Yes.
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Santosh Rao: But it appears that we did not meet that window.
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Santosh Rao: Because the notification went over for 16 days.
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Santosh Rao: Why was there?
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Speaker 2 (Community Hall): Where you see that?
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Santosh Rao: The project was deemed complete on November 3rd.
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Santosh Rao: The notification letters went out on November 13th… on
November 19th.
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Santosh Rao: So we missed the deadline, what does that mean?
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Community Hall: I don't believe we missed the deadline.
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Santosh Rao: Okay, I'm confused. So, is there a 14-day requirement?
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Speaker 9 (Community Hall): I'll defer to Placeworks to clarify that
point.
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Alexis Mena, PlaceWorks: It is a 14-day requirement, however, state
statute stipulates, how
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Alexis Mena, PlaceWorks: days are counted for different purposes, and
I'm… off the top of my head, I'm, not sure if,
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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.
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Alexis Mena, PlaceWorks: Because different methodologies sometimes result
in different, ways of counting the days.
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Santosh Rao: Okay, and where is it documented as to what methodology was
used?
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Alexis Mena, PlaceWorks: That's what I'm looking into right now.
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Santosh Rao: Okay.
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Santosh Rao: Another, question for staff.
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Santosh Rao: Where is the written evidence of what was the date when we
found the…
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Santosh Rao: Application to be deemed complete, because a number of these
deadlines run off of that date.
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Santosh Rao: And where in the evidence packet is the written evidence
that
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Santosh Rao: What was the date that the application was deemed complete?
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Speaker 8 (Community Hall): Staff's looking that up right now, sir, for
you.
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Speaker 9 (Community Hall): We deem the application to be, January 16th,
2026.
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Santosh Rao: Wait, I'm confused. I thought it was number 3rd.
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Santosh Rao: 2025, is that? Am I wrong?
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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.
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Speaker 9 (Community Hall): If they had submitted an SB330 application
prior.
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Santosh Rao: So, we notified the tribes on November 19th.
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Santosh Rao: But you're saying the application was not deemed complete at
that time?
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Speaker 8 (Community Hall): So, deemed complete for purposes of CEQA
documentation is different from deemed complete for purposes of Permit
Streamlining Act.
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Santosh Rao: Okay, so which one should we talk about when we talk about
tribal notifications?
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Speaker 8 (Community Hall): the CEQA.
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Speaker 8 (Community Hall): And in the statute itself, it also kind of
ties it back to the data of the application.
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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.
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Santosh Rao: Okay, so the CEQA deemed complete was November 3rd, correct?
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Speaker 8 (Community Hall): Correct.
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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.
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Santosh Rao: Are these tribal outreach required to document any outcome
from the tribal outreach?
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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.
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Speaker 9 (Community Hall): Formally.
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Santosh Rao: And for the tribes that we reach out to, we need an explicit
317
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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.