HomeMy WebLinkAboutPC 09-08-2026 Youtube and Zoom TranscriptWEBVTT
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Community Hall: Hello, and welcome to the Planning Commission Meeting for
September 8th, 2026. Please rise for the Pledge of Allegiance.
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Community Hall: Thank you very much. City Clerk, may we please have the
roll call? Commissioner Feng? Present. Commissioner Linskop? Here.
Commissioner Rao? Here. Vice Chair Scharf? Present. Chair Casolshron?
Present.
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Community Hall: Thank you very much. So, we will move on to approval of
the minutes. We will be approving the July 28th, 2026 Planning Commission
minutes. Do we have a motion?
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Community Hall: So moved.
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Community Hall: Seconded.
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Community Hall: And City Clerk, may we please have the vote?
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Community Hall: Oh, I thought I voted.
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Community Hall: Okay.
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Community Hall: I don't know what it is.
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Community Hall: Trying. I'm really trying.
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Community Hall: Upwork.
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Community Hall: Okay.
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Community Hall: Nope.
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Community Hall: The motion carries unanimously.
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Community Hall: Thank you, and now we will move on to oral
communications. City Clerk, do we have any members of the public wishing
to comment?
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Community Hall: We have one speaker in person, Pamela Hershey.
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Community Hall: Welcome, Pamela.
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Community Hall: Good evening, Planning Commission Chair Tracy, City
Staff.
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Community Hall: My name is Pamela Hershey, and I'm a law-abiding citizen
of Cupertino. I have been since the day we moved here in 1967. I just
wanted to make that perfectly clear. My ask tonight is for the Council to
update the health and safety element to ensure the policies are being
added to addressing the safety
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Community Hall: Of the residents, especially during the campaign season.
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Community Hall: Due to the election interference methods that are… may
harass and violate the safety of residents.
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Community Hall: I'm concerned that with this election, that…
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Community Hall: Regarding interference with the sign steps.
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Community Hall: The harassing of residents and volunteers.
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Community Hall: And the illegal placement of the signs, that this has
really become really an unduly,
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Community Hall: Issue for our city.
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Community Hall: And the safety and the health of the residents, as well
as the volunteers that we're facing is really very unfair. We work very
hard, we have jobs, we have… we volunteer after work, we have families,
and we are doing double the work, as well as getting harassed, and
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Community Hall: Things are being taken, that we've placed, so please
review the element, and the safety and health element, and update it,
especially this year.
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Community Hall: during the Campaign season, because of these
interferences. Thank you.
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Community Hall: Thank you, Pamela. Our next speaker is Rhoda Fry.
Welcome, Rhoda. Rhoda Fry, 40-plus year resident of Cupertino, a similar
sentiment this evening, and an ask.
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Community Hall: Signs pertaining to Mr. Fruen's campaign and Ms.
Linscogg's campaign, both of whom are city officials, were placed on my
property.
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Community Hall: without permission. They trespassed, and they damaged my
landscaping. Mr. Fruen is aware of this and has not apologized. Now, Ms.
Linscogg notes.
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Community Hall: Sorry to interrupt. Sorry to interrupt, but… I get it. I
just want to remind… I'm not campaigning, this is that stuff was…
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Community Hall: The property was vandalized. Yeah, you should please
contact the Sheriff's Department. This is not within the jurisdiction…
You know what, I think it's a waste of the Sheriff's Department
resources, so this is what I'm… this is what my ask is, because I'm
paying for sheriff, and I don't want to contact the sheriff for this. So
this is my ask, is that we consider having an ordinance
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Community Hall: that we're gonna say no more signs. You know, we had
issues with signs two years ago, we've got issues with them now, no more
signs, it's plastic.
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Community Hall: it's bad for the environment, and it just isn't working
in our city. So that's my ask. That is… that is in the planning depart…
that's in the Planning Commission's jurisdiction and the City Council's
jurisdiction. I think you were nodding, and I appreciate that. So I was
getting to the ask, and I think the ask is relevant.
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Community Hall: So, this is a way to stop the nonsense and also protect
Mother Earth. Thank you.
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Community Hall: Thank you, Rhoda. We have no speakers in person, and no
hands raised on Zoom.
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Community Hall: Thank you very much, City Clerk. So, we will… Are we
allowed to ask a question on that now?
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Community Hall: Would that be in the jurisdiction of the Planning
Commission?
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Community Hall: So, typically, when members of the public make some…
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Community Hall: provides oral communication, it's… it's okay to ask a
quick clarifying question, but then we should move on, because it's not
agendized for discussion. Yeah, no, I only ask because if that is
something that could be proposed in future agenda items, maybe I can ask…
I would recommend that we discuss this during future agenda setting.
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Community Hall: Yeah, thank you. Alright, so let's move on to public
hearings. Agenda Item 2 is to consider a use permit, tentative map, and
site approval for a 35-unit townhome project at 1655 South De Anza
Boulevard. Do we have a staff presentation?
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Community Hall: Love me.
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Community Hall: Good evening, Planning Commission. Yes, we do have a
staff presentation tonight for this project, and with us tonight, we have
Emi Tsukiyama, Senior Planner, who will be presenting on this item, and
we're here to answer any questions after the presentation. I also wanted
to add the applicant is also here tonight, and will probably have a
presentation, and Emmy can speak to that.
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Community Hall: Thank you.
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Community Hall: I was just going to comment if we should do disclosures.
Oh, you're right, pardon me, let us all do disclosures. We'll start with
Commissioner Feng.
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Community Hall: Yes, so, I did not meet with the developers, however, I
do live
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Community Hall: According to Google Maps, they do live 980 feet from the
site.
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Community Hall: That is beyond the bound, the 500-foot bond, which would
be an automatic disqualification,
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Community Hall: But it is in the area where, you know, it could be, it is
possible that there could have been, impact. So I just wanted to, notify
people of that. I did participate, in the prior, hearing, you know, for
the Piro project on this site as well, and that was the same distance
back then. Thank you.
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Community Hall: Are we just continuing on.
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Community Hall: Yes, so I did meet with the developer, and I also met
with a couple of residents.
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Community Hall: That live behind the property.
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Community Hall: All right, I have met with the developer, and I have also
spoken with some residents as well.
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Community Hall: I have not met with the developer.
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Community Hall: I met with the developer, and I met with a couple of
residents as well.
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Community Hall: Thank you very much, and we will open the public hearing
and return it back to Emmy. Thank you. Awesome. Okay, good evening, Chair
Solshiron and Commissioners, Emmy Sugama, planning staff, here today to
discuss this housing development project at 1655 South Dienza Boulevard.
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Community Hall: And I'll ask of the VoTeam. Thank you. Alright, this
project is located at the corner of South De Anza Boulevard and Prospect
Road, where the
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Community Hall: City of Cupertino borders the cities of Saratoga and San
Jose. The property is within the South Saratoga Sunnyvale Road Conceptual
Zoning area, which I will refer to as the conceptual zoning area from
here on out, and is zoned PCG Res for planned development with a mix of
commercial and residential uses.
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Community Hall: The site currently has an approximately 13,000 square
foot commercial building with 4 tenant spaces. Additionally, the property
was previously approved for redevelopment in 2023 to allow a mixed-use
project with 34 residential units and a commercial space.
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Community Hall: The City has also received a preliminary application
under Senate Bill 330 in September of 2025, which vested the project
standards that were in place at that time.
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Community Hall: The project makes use of a number of state housing laws,
including the Housing Accountability Act, which limits the city's ability
to deny, condition, or apply non-objective standards to a project.
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Community Hall: SB330 also streamlines the permitting process, and as
previously noted, it allows the applicant to lock in or vest fees and
standards that are in place at the time that they submit an application.
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Community Hall: The project also makes use of the state's density bonus
law to allow for additional units, waivers, and concessions.
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Community Hall: And finally, this project.
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Community Hall: allows the city to be subject to the requirements of the
no net loss law under Senate Bill 166, which requires the City maintain a
list of housing sites that can accommodate the required arena.
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Community Hall: Here you can see an overview of the project's consistency
with some typical development standards. The project applicant is
utilizing density bonus law to allow for 10 additional units over the
maximum density for the site.
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Community Hall: The applicant is also proposing density bonus waivers to
address a number of requirements for setbacks, while they are still
maintaining a larger setback from the property line that is shared with
the existing single-family residences to the west.
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Community Hall: And the requested waivers will be discussed in more
detail later in this presentation.
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Community Hall: The proposed project consists of 35 townhome units that
are spread across 5 buildings, with 5 below market rate, or BMR units,
and 30 market rate units. There are 7 units per building, with each of
them being 3 stories of living space and a rooftop deck for a total of 4
stories each.
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Community Hall: The proposed units range in size from 21 to 2,700 square
feet.
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Community Hall: Each unit has a two-car garage.
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Community Hall: And the project also incorporates guest parking and
central outdoor.
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Community Hall: space for the residents. There will be 47 new trees
planted on site, and they'll be… the existing trees along the shared
property lines will be protected in place during construction.
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Community Hall: So here you can see the project site layout, with the
five buildings oriented perpendicular to the two street frontages of
Prospect in South De Anza. The proposed BMR units on this are identified
by the red dots.
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Community Hall: Here's a rendering of the proposed project showing the
view from South De Anza Boulevard.
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Community Hall: And through its review, the project was found to be
consistent with the applicable objective standards of the City's General
Plan, Conceptual Zoning Plan, BMR Housing Manual, and municipal Code. The
project includes a concession under the density bonus law to waive the
requirement that the project incorporate a commercial use.
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Community Hall: Please note that the concessions and waivers proposed
under the density bonus law can only be denied under specific
circumstances, including that they have an adverse impact on historic
property, health, or safety.
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Community Hall: In addition to this concession, the applicant is also
requesting 11 density bonus waivers. For each of these waivers, the
applicant has noted that imposing the standards could potentially result
in an elimination of units, reduced floor areas, or a substantial change
to the design of the buildings, which is not consistent with the project
as proposed by the applicant.
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Community Hall: So for 3 of the 11 waivers.
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Community Hall: The applicant is requesting a modification of the
required building setbacks from Prospect Road, South De Anza Boulevard,
and from the western property line that abuts the existing single-family
residential development.
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Community Hall: The next three waivers are to allow for a modification of
the required landscape buffers from Prospect Road, South Dianza
Boulevard, and that western property line.
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Community Hall: An additional waiver is being requested to allow for a
reduced planting strip along South Danza Boulevard.
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Community Hall: Three of the final four waivers would be to allow for an
increase in the height of the buildings, from 30 feet to a maximum of 44
feet 9 inches, to allow for four stories, where a maximum of three
stories are allowed, and to allow for an encroachment into the required
building plain slope line.
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Community Hall: The final waiver would allow for an increase in the
maximum floor area.
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Community Hall: While it's not required as part of the planning
entitlement, the project will be required to provide public art.
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Community Hall: At this time, the applicant is proposing to provide a
public art piece in the northeastern corner along South Dans Boulevard.
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Community Hall: And based on the project site characteristics, staff has
recommended, and the applicant has also requested, payment of parkland
and Lew fees consistent with the QMBY Act.
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Community Hall: The project was also reviewed against the City's BMR
requirements, and staff has found that the BMR units are generally
comparable in size to the market rate units, with the BMR units and
market rate units, both being an average of about 2,400 square feet.
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Community Hall: The project has been found to qualify for a statutory
exemption under the provisions of AB130. In the analysis for this
exemption, the City's third-party consultant reviewed a Phase 1
Environmental Site Assessment, or ESA, and a transportation analysis, and
confirmed that the project would not have significant impacts on the
environment, and met the criteria for the exemption.
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Community Hall: And so with that, staff is recommending that the Planning
Commission adopt the draft resolutions, recommending that the City
Council find the project exempt from CEQA, and approving
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Community Hall: The associated permits.
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Community Hall: That concludes my presentation. The applicant is also
here and has their own presentation as well, but if you have any
questions, please let me know.
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Community Hall: Great, thank you very much, Emmy, and we will move to…
the… Applicant presentation.
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Community Hall: Sorry, Chair, are we doing questions to staff?
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Community Hall: What do we…
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Community Hall: Apologies. We can do in either order, but if people
prefer to ask the staff questions first, that's fine with me.
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Community Hall: Could staff clarify what sort of noticing was done for
the neighborhood?
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Community Hall: Absolutely. So the project noticing consisted of the
standard requirements for development projects, which were mailed notices
to neighbors. We expanded the radius from 300 feet, I want to say, to
about 500 feet, if not more, for this project, just to encompass the
neighboring residential areas. In addition to that, we also have a site
sign posted at the property to notify residents that there is a hearing
associated with the project.
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Community Hall: And then in addition to that, the applicant also hosted a
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Community Hall: public meeting for the project, and I'll let them speak a
little bit more to the details of that, but they did that… did so prior
to applying.
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Community Hall: I also wanted to add.
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Community Hall: I also wanted to add that there was a newspaper notice
for the project as well, in addition, and as Emmy mentioned, we expanded
the radius noticing to well above 500 feet, because we wanted to capture,
like, a couple of blocks of, development. Yeah.
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Community Hall: And we've received nothing in response to those.
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Community Hall: No, we have yet to receive any. Thank you.
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Community Hall: Or refresher?
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Community Hall: So, the previous project had proposed mitigation for the
increase
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Community Hall: and VMT, including providing e-bikes for every unit, And
some sort of…
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Community Hall: promotion of mass transit, I think they were just going
to provide.
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Community Hall: Like, bus schedules, or… or consulting on how to… how to
use transit.
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Community Hall: So, for this project, How are they getting around that?
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Community Hall: To qualify for the CEQA exemption, because that's about
the same number
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Community Hall: Of units as before, isn't it?
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Community Hall: So, it should be the same VMT as before. Right. So, on a
higher level kind of overview of that, the project is considered exempt
from CEQA, and therefore is not required to complete the VMT analysis.
That's part of our code requirements. We don't have another
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Community Hall: way of requiring it, and its conformance with DMT is not
a criteria for the AB130 statutory exemption.
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Community Hall: Okay, yeah, I was just reading that that was… one of the…
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Community Hall: reasons that an infill project wouldn't qualify for CEQA
exemption is the increase in traffic, but you're saying AB130,
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Community Hall: says that traffic doesn't matter anymore. Right, so I
think if there's a…
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Community Hall: if there's a significant impact to traffic. So, a
transportation analysis was completed in association with the project. I…
from my understanding, that there was no conclusion that there was a
significant increase, or transportation impacts associated with the
project, which I think could potentially trigger a
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Community Hall: an exception to the exemption, if I'm using correct terms
for that in SQL language?
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Community Hall: I guess you're saying that AB130 changed the requirement
between the previous project and this project? Correct. In terms of
traffic? Yes. Okay, thank you.
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Community Hall: Do we have any other questions for staff?
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Community Hall: Yes, Chair. Okay.
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Community Hall: So, just going back to the… The…
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Community Hall: So you have no public feedback on this project, but…
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Community Hall: Has there been a sense of how many homes were within that
500 feet? Is that 500 feet…
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Community Hall: Actually capturing any homes, because… There is a certain
separation between
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Community Hall: The, the location of the parcel, and…
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Community Hall: Is it measured as the road goes around, or is it measured
as the crow flies? Right, I think, as Piu kind of tried to clarify there,
it was more than 500 square feet, sorry, 500 feet radius. That was just
my best guesstimate there.
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Community Hall: assume that it would probably be closer to 1,000 in some
places. The radius was made to follow the lines of the neighborhoods and
the streets of the neighborhood to encompass entire neighborhood blocks.
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Community Hall: So we feel like a certain number of homes that abut the
property were, in fact, part of that noticing. Correct. It was
intentional then. Okay.
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Community Hall: It just seemed like none of the neighbors I talked to
felt like they were noticed, but that's fine.
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Community Hall: My other question was the ICANN. Is that… Part of this
parcel.
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Community Hall: No. It's not? Okay.
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Community Hall: Alright, thank you. Okay.
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Community Hall: I have just one clarifying question for staff. Would it
be possible to have some context on why the first approval didn't move
forward that was granted back in 2023?
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Community Hall: So, we wouldn't have any knowledge of that, but my
understanding is that it probably didn't financially pencil out for them.
Okay, got it. Thank you. Any other questions for staff?
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Community Hall: All right, then we will now move to the applicant
presentation. Thank you.
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Community Hall: Good evening, Planning Commissioners. My name is Josh
Rozos, Vice President of Development at Divinet Homes. Nice to see you
all again. We're a private home builder founded in 1994, specializing in
single-family homes and townhomes throughout the Core Bay area, with
active or upcoming projects in 8 cities totaling more than 550 new homes.
Of those 550 homes, 233 of them are in Cupertino.
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Community Hall: We value the opportunity to develop the for-sale housing
in this great city, and look forward to being a long-term partner in
meeting the city's goals of providing housing for its residents. We're
pleased to be here tonight to present our new 35-unit housing development
at 1655 South De Anza.
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Community Hall: These homes will range from 1,550 to 2,150 square feet,
offering 3- and 4-bedroom floor plans, each with 2 private parking
spaces, and either side-by-side or tandem parking.
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Community Hall: Each home will also include a private rooftop deck and
open space for enjoyment by the homeowners. The project was designed with
care and respect the privacy of the single-family homeowners behind us.
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Community Hall: We designed the access road to provide a buffer, which at
its shortest point is approximately 36 feet, and as you move up the site,
closer to 45 feet.
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Community Hall: In addition, we work with our project arborist to protect
and maintain the trees along the rear property line to maintain the
privacy for the existing single-family homeowners, which we know is very
important.
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Community Hall: In total, 20% of the units will be reserved as
affordable, fully meeting the City's below-market rate requirements. As
staff noted, we're protected by SB330, the Housing Accountability Act and
Density bonus law.
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Community Hall: We greatly appreciate the efforts of city staff and the
collaborative process that has guided the proposal.
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Community Hall: We are confident that this community will deliver high-
quality living experience for future residents of Cupertino.
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Community Hall: And we're excited to get building it.
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Community Hall: Joining me this evening is Rita Raj Sharma of the Dolan
Group, in case you have any specific questions about the architecture or
the land planning concepts. We're happy to answer any questions you may
have, and we appreciate your time and your support. Thank you.
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Community Hall: Great, thank you. Do we have any questions for the
applicant?
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Community Hall: Yeah, I have one. So, the staff mentioned you… you hosted
a community meeting as well. We did. What was the radius, and how many
people showed up? I don't know the radius. I did the mailers myself, so
it was a lot of flyers, but unfortunately, we had zero people show up. I
even took a picture for our planner, Danielle, because…
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Community Hall: I'm sorry?
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Community Hall: Wow. Yeah, no, it was a warm day, but we sat out and had
pizza in front of the old Coach House Liquor site, and nobody came in an
hour and a half. Was it an evening or a weekend? Yeah, we did it, I
think, at 5.30, on… it was a Tuesday or Wednesday during the week.
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Community Hall: Okay.
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Community Hall: Unfortunately, nobody came. And how far in advance did
you send out the postcards? I think we did it about two and a half weeks
before. Okay.
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Community Hall: We typically try to do it close to the meeting, so people
get them, but I know it looks like junk mail, so it's tricky, you know?
Okay, thank you.
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Community Hall: Any other questions?
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Community Hall: Commissioner Rao?
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Community Hall: I was gonna say, it is election season, they may have
thrown it out along with other election mailers, but…
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Community Hall: You know, I'll just clarify briefly, I… one of the
residents that I spoke to did seem quite aware of the project, so I don't
think that everyone missed the notice. I think that they may have been
okay with what they were seeing and didn't feel a need to show up at the
hearing. That's my…
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Community Hall: I guess. But I, I did have a question. Was there any
outreach done for the businesses? Did you hear anything back from them?
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Community Hall: No, but I do, full transparency, I don't have a
relationship with the existing tenants. The landowner, we're in contract
to purchase a property, the landowner communicates with them, and as
they've, I do know the two remaining tenants towards the rear of this
site are on month-to-month leases, there's been…
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Community Hall: Obviously, a previously entitled project and a for sale
sign on both frontages, and has been kept in the loop that,
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Community Hall: We'll be purchasing the property. We're buying the
property in November, so, they know that it's coming.
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Community Hall: Almost everything towards the front along, South Dianza
is completely vacant at this point.
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Community Hall: Got it, thank you. And I had another, question. The… I
noticed in the plan set that the construction area and the staging area
and the parking area is right next to the homes. Is… do you foresee that
causing a lot of noise, and if… if so, is there a different place that
that might
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Community Hall: be placed.
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Community Hall: Oh, we could absolutely revisit it. You know, as part of
the planning process, we have to do a construction staging plan, and
really early in the process, we haven't always figured out our sequencing
of building the project and how it will work in terms of production home
building, but once we ultimately decide which way we'll build the
project, we can absolutely do our best to respect the single-family
homeowners, you know, and move our construction trailer and parking as
far away from it as possible.
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Community Hall: We really want to be… we recognize that, obviously, the
rear portion of the site is next to single-family, whereas we have a gas
station and a commercial office building on the other side, which I think
would be much less of an impact to those people than to, you know, the
backyards of a private landowner. Okay, great, thank you, because I did
go back through the previous public hearing a few years ago, and it
sounded like there were a lot of families with kids in this… on the back
side, so I think that might be appreciated.
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Community Hall: Sure. Wonderful. Vice Chair?
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Community Hall: So, are you prepared to answer questions on the
environmental site assessment?
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Community Hall: In general, I didn't write the Phase 1, because… That was
reading, and I didn't read all 800-something pages, but… Okay. One thing…
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Community Hall: that I noticed, and I had a question, is there…
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Community Hall: Any living space on the ground floor that's against the…
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Community Hall: Yes. Against the ground, or is it only the garage? No, we
have living space on the ground floor. You do? So, are you gonna be
putting in any kind of vapor barrier between the ground and the…
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Community Hall: first floor, because I'm just noticing…
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Community Hall: This vapor encroachment condition screening
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Community Hall: And all it says, it's presumed unlikely that it exists,
but they didn't do any testing, apparently. Yeah, no, we're not going to
be under county oversight, so we won't be putting in a vapor barrier
system. The site was… didn't trigger a Phase 2 testing requirement.
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Community Hall: I know that there's a case closure, that existed on the
corner gas station, but no further action was required on that parcel.
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Community Hall: Okay, yeah, I'm reading it. It says it did… the remaining
contamination didn't provide a significant threat, but then it goes on to
talk about the vapor encroachment, and apparently that was never tested.
It just says it's presumed unlikely that it exists.
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Community Hall: And I guess that's sufficient for you. You're not gonna
put in…
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Community Hall: like, some of these other projects, I know in Saratoga.
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Community Hall: One of the Pulte projects, they had, like, 24-7
ventilation in each unit. No, we've done that. I don't think it's merit
in this case. You know, that's typically when you have an active, you
know, like a PCE, TCE, or some other contaminant that requires the
Department of Environmental Health oversight, you know, a vapor barrier
system.
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Community Hall: is quite extensive, it's costly, and I don't think
there's any reason to believe it's necessary in this case. Okay, thank
you.
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Community Hall: Any other questions from Commissioner?
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Community Hall: I had… oh, sorry, go on. Commissioner. Okay. I had one
other question. So one of the, feedback from the residents was a… so,
first of all, thank you for keeping the cypress trees, but there is a
gap, there are two gaps between,
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Community Hall: one of the homes, that's the second house from the south,
where they can actually have a very clear view into what is eventually
going to be three-story homes, and vice versa, the homes will be able to
see them. And is there a possibility to close those gaps with
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Community Hall: You know, maybe have the arborist, consider some trees,
any sort of filler,
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Community Hall: Foliage that can go in between the cypress tree gaps.
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Community Hall: Yeah, that's not a problem. We can meet with our
landscape architect. I just want to make sure that the root systems of
the existing cypress trees are safe. You know, obviously we have a tree
protection barrier, but we can look, coordinate between city staff and
the arborist and our landscape architect to
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Community Hall: try to get some plant, trees in there that will
eventually provide additional coverage. I respect people's right to have
privacy. Great, thank you.
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Community Hall: Commissioner Rao?
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Community Hall: Yeah, my question to staff. So, the Phase 1 ESA
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Community Hall: Is that something that staff reviews, or do we have a…
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Community Hall: environmental consultant, like Placeworks, that does the
review on our behalf? Right, in this case, we had Placeworks do the
review. And is Placeworks on the call? They… they're available for
questions, yeah.
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Community Hall: Maybe this is a question for Placeworks, then. Is the ESA
different materially from what
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Community Hall: The prior incarnation of the project was, two years ago.
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Community Hall: Has there been any… Has there been any analysis of the
ESA from 2 years ago to see
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Community Hall: Whether there was any sort of remediation required.
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Community Hall: At that time versus now. I might answer that question.
Actually, there was no remediation required for the prior project either.
Okay. Yeah.
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Community Hall: And the gas station is…
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Community Hall: separated from the parcel by the ICANN parcel, is that
right? No, the gas station abuts this parcel on the eastern, on the
eastern side. Yeah. Okay.
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Community Hall: And are there requirements that… That apply, because
there is a gas station that apart the parcel.
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Community Hall: Not necessarily. They will follow up building, code
requirements as it relates to construction.
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Community Hall: Okay, thank you.
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Community Hall: Any other questions from the Commission? Vice Chair?
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Community Hall: I seem to recall in the previous project, there was some
concern by the sheriff's Department about the connection between this
project and the buildings that they occupy.
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Community Hall: Do you remember that, Piu? Yeah, I do, actually,
unfortunately. Is it the same situation here, or what? No, not
necessarily. There's actually a project proposed on that site right now
for residential development, and so the… the sheriff's building is
proposed to be demolished. With that, there's gonna be a hundred and…
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Community Hall: 100 or 120 homes on that site, as well.
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Community Hall: And this condition is essentially to require that
opening, should that be developed with some of that resident. So, it
doesn't necessarily materially impact the sheriff Department's
operations. Okay, but will it impact the other project that's going to be
built there? In a positive way, yes. Okay. Yeah. Alright, thank you.
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Community Hall: Any other questions from Commission, Commissioner Rao?
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Community Hall: Yeah, so the… The project intends to place artwork on
the… on the premises, is that right?
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Community Hall: Correct, yes. Okay.
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Community Hall: And then, given the entry and exit into the project is
gonna be to… South Piazza Boulevard, other…
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Community Hall: Line of sight requirements on the exit out of the parcel.
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Community Hall: And what is the distance to which that line of sight must
exist?
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Community Hall: at the point of egress or ingress, or egress, I guess.
Right, I'm not exactly sure of the dimensions of it, but there are line-
of-sight triangles for every driveway, entry and exit in the city, and
those were included on the plans and reviewed by our Public Works
Department to ensure that they met our standards. And so the…
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Community Hall: public art pieces located outside of those site
triangles, and again, they've… they've been cleared for the development.
Do we have a diagram from the ASA or otherwise that shows the line of
sight versus the public art?
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Community Hall: Yeah, we do.
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Community Hall: Let me go ahead and pull up the, public art…
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Community Hall: location, and right here, I do have a little star
indicator where the
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Community Hall: public art is located, so I'm gonna move, but there you
can kind of see the proposed public art piece location, and then this
hatched area is going to be that line of sight triangle.
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Community Hall: Can you explain that a little more slowly? You're trying
to…
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Community Hall: Sure, absolutely. So the proposed public art piece is
this gray dot here, previously represented by the yellow star, which I
moved over to the left, so that's why it's there.
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Community Hall: And then the hatched area, shown here, is the site
triangle for the driveway, which has these little bricks right here. It's
just a small representation of it. If I go…
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Community Hall: back a couple of slides, I think we might be able to find
a site plan, which better shows, again, the line of sight on both sides
of that driveway.
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Community Hall: And so, at the point of location of the public art, it is
still overlapping with the line of sight, correct?
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Community Hall: it is outside of the line of sight. So again, the line of
sight is a triangle shape. Is it possible to zoom in on this? I can… I
think the closest thing I have to that is going back over to this smaller
diagram, and that's the zoomed-in version, right, of that hatched
triangle.
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Community Hall: But this is available as, sheet, I believe, C3.0, which
is the civil site plan for the property. So I guess I'm on Zoom here, and
I can zoom with my fingers, I guess. Okay, okay, good. But zooming with
my fingers, it looks like it does overlap with the line of sight.
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Community Hall: Okay. Well, it… the site plan does indicate that the dot
is located outside of the site triangle.
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Community Hall: And that determination is made by Public Works, or…
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Community Hall: It's a site triangle that's objectively stated in the
city's code, and they measure it out on the site plan, and the dot
represents the public art piece, which is clearly located out of the
triangle.
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Community Hall: And I'll also note that… Yeah, I'm looking at it right
here, and it's within the triangle. Okay, so I think I'll also note,
though, that the… Oh, maybe I should clarify. So when we say within the
triangle, that is within the actual shaded boundary of the triangle? Oh,
okay, thank you. It has to be located outside that has triangle. Okay,
understood, thank you. Appreciate that.
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Community Hall: Any other questions from the Commission?
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Community Hall: I will ask a question about traffic. So, a lot of
residents will probably, come out on Prospect, instead of coming… turning
right on De Anza and then doing a U-turn on De Anza. If they're trying to
go north, they'll likely want to come out on… on Prospect.
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Community Hall: Any concerns about traffic? Has that been discussed with
city staff? Or do we anticipate any issues there?
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Community Hall: Right, so I think the project was reviewed by our
transportation department, as well as with the transportation analysis
that was peer-reviewed in addition to the review by our city staff. With
that, they didn't note any significant conflicts with those two turning
points. That being said, you know, it doesn't necessarily
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Community Hall: account for every single scenario, right? I don't think
that's possible, but it sounds like there's a concern of anyone maybe
cutting across prospect? Is that the…
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Community Hall: Yeah, I'm just wondering if people are turning left on
prospect. Has that, you know, has that been studied and made sure that
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Community Hall: you know, the infrastructure will handle if, you know,
the increase in potential number of left turns there. So, based on the
traffic analysis, I don't believe that it has indicated that there are
increased number of trips to and from the site, and so it doesn't
necessarily impact what's coming in and out.
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Community Hall: Okay, so… In fact, they're actually closing one driveway
on Prospect, so it's actually improving the situation a little bit.
They're moving the driveway further away from the intersection. That
helps, all in all. Oh, okay, great.
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Community Hall: Commissioner Rao. Yeah, and just to reiterate, this was a
retail shopping center, like a strip shopping center, so you'd have
probably a lot more floating traffic going in and out of the stores as
visitors compared to
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Community Hall: 35 townhomes where guests may.
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Community Hall: Visit occasionally, so is there any sort of analysis of,
does this actually reduce the traffic coming out of this location?
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Community Hall: Or into this location.
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Community Hall: Is it fair to say, not looking for accurate analysis, but
is it fair to say
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Community Hall: there's a likelihood the traffic reduces, as opposed to
increases? Yeah, so the traffic impact analysis that was performed
concluded that there would be 5 net new trips during the
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Community Hall: AM peak hours, which is generally your work hours, and
then no net new daily trips, or PM trips. So overall, it's a neutral
impact, but there might be, again, 5 additional trips in the morning
based on that calculation.
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Community Hall: And was the traffic impact analysis included in the
agenda packet?
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Community Hall: It was not, no.
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Community Hall: I would probably recommend for Council that may be
something to include. Absolutely.
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Community Hall: Any other questions from Commission?
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Community Hall: All right, then we will move to public comment. City
Clerk, do we have public comments on this? We have one speaker in person
and three speakers on Zoom. Our first speaker is Rhoda Frye, followed by
Jennifer Griffin, followed by Feng Li. Welcome, Rhoda.
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Community Hall: Well, I shouldn't be surprised that our wonderful
planning commissioners have already answered many of my questions. I
recall in the past being concerned about the issues with the gas station.
I'm still concerned about that, because we know what the impacts are to
residents when…
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Community Hall: When they live in a place that is polluted for long
periods of time,
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Community Hall: the other thing that I think is unfortunate, and I know
we're all going to agree on this one, is the loss of retail. And this is
what everybody's talking about, is that we need more retail. And, you
know.
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Community Hall: When people shop in Cupertino.
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Community Hall: we get a portion of the sales tax revenue with a share
from the county… a share from the county, but there's another component
of this, too, and it's called the Bradley Burns tax. So when any… when…
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Community Hall: if I'm… when I shop Cupertino, I try to shop Cupertino as
much as I can, but it's getting harder and harder, and I won't, you know,
we won't be able to go to the shops that are… or restaurants that are
there anymore.
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Community Hall: If I spend 100 bucks, Cupertino gets a buck.
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Community Hall: It all adds up.
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Community Hall: We need to have retail.
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Community Hall: And… I guess your hands are tired. I mean, we keep on
hearing about Retail downstairs, and…
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Community Hall: living upstairs. And it already sounds, for Mr. Scharf,
that maybe there is an issue about potentially living downstairs in this
place, so that could be potentially solved by having that retail there.
There was successful retail there in the past, and I see a big, thick
plan set.
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Community Hall: Those guys have, so maybe all hands are tied, but…
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Community Hall: So I guess I'm just hoping that, you know, every time we
see more loss of retail, right?
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Community Hall: the Panera area, and the coffee shop, and Staples
Shopping Center, where we shopped at Staples. We're losing them, and it…
and retail's becoming extinct.
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Community Hall: So… I know I'm preaching the choir, but I… I have to say
it, so thank you.
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Community Hall: Thank you, Rhoda. Our next speaker is Jennifer Griffin,
followed by Feng Li, followed by Yao Lin.
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Community Hall: Welcome, Jennifer.
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Jennifer Griffin: Thank you. Can you all hear me?
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Community Hall: Yes, we can hear you.
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Jennifer Griffin: Thank you. Good to talk to you all this evening. I will
say that we spent a great deal of time in the city looking at the
previous project several years ago,
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Jennifer Griffin: I think that the… there was a lot of analysis of it.
There were existing issues with traffic,
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Jennifer Griffin: the e-bike situation, children going back and forth.
This is Monta Vista High School, I'm assuming. My husband grew up, his
family home was directly behind this project area. He would play in the
Blue Creek,
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Jennifer Griffin: the creek area adjacent with his brothers, etc, etc.
So, I'm greatly disappointed that we are losing retail again. We all…
this is the seventh project to hit Cupertino.
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Jennifer Griffin: where major historic retail that has been there for at
least 75 to 80 years is basically being wiped down. It's not the
developer's fault, it's just that
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Jennifer Griffin: We have a lot of… Careless, clueless housing laws that
have been pumped out.
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Jennifer Griffin: in the last 3 to 4 years, which are… now they're coming
so fast that nobody can keep up with them. They make no sense. But… but
the casualty is the residents of Cupertino and also the neighboring
cities of Saratoga and San Jose. This is a very… this area is a very
important
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Jennifer Griffin: entry point into Cupertino, across the street is San
Jose, Saratoga's across the street. Lots of active retail. We go, we eat
at Jake's. There's a new Mexican restaurant that's right on the corner at
Blue Hills.
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Jennifer Griffin: And I'm… I cannot reiterate that we have to protect our
retail. We were in Scotts Valley, my husband and I, on Monday.
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Jennifer Griffin: Brand new retail in their lovely,
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Jennifer Griffin: Target shopping center, which has been remodeled. Brand
new. Coffee shops, hair salons.
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Jennifer Griffin: active retail, people everywhere shopping. Why can't we
have this in Cupertino? So, my main complaint with this site is that we
have, again.
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Jennifer Griffin: We're not looking clearly at who needs and lives in the
city. We need retail to support. Also, I went over there this afternoon.
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Jennifer Griffin: I'm very familiar with the area, my husband's family
home is still back there, and his medical offices for his family were
immediately adjacent. That entire shopping… the… the…
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Jennifer Griffin: Travel lane that goes on to Prospect was completely
filled up with medical
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Jennifer Griffin: with cars from the medical complex. What happens to
that? I also could not get out onto Stevens Creek, onto South De Anza
Boulevard. I had to drive through
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Jennifer Griffin: the, gas station and come out onto Prospect. I'm really
concerned about the safety of this. Thank you.
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Community Hall: Thank you, Jennifer. Our next speaker is Feng Li,
followed by Yao Lin.
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Community Hall: Is it possible for the remote speaker to speak in person
if they're now here? Yeah, that should be fine. Go ahead.
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Community Hall: Thanks, yeah. Thanks, everybody.
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Community Hall: One of the reasons we don't, like, appear in the, in
these kind of meetings, and it's, I think two reasons. One is the plan
indeed looks much better than the original plan approved. The tree, like,
was kept.
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Community Hall: The setback is, I think, is longer than the original
plan, where the backyards are close to each other. The other actually
very important reason is most of the people living in that, in that area,
we are all tech companies.
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Community Hall: Workers with kids from 2 years old to 7 years old, so
it's very busy for us.
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Community Hall: From 5.30 to 6.30, so it's very hard for you to reach us
during that time. Sorry, can you please speak into the mic? Thank you.
Yeah, yeah, I'll speak in the mic. So, I just want to explain. So, I
think to us, the most important thing is, first, privacy, second is
construction noise, and third, I think, traffic, maybe a little bit, but
I can't explain.
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Community Hall: Privacy, the major thing is, I think the… based on the
plan, I see several exception requests on the setback and the heights.
I'm just wondering, is this normal, or is kind of…
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Community Hall: It's regularly replaced, or it's Nike?
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Community Hall: not Euro, with that height, and with that distance, so
that's my thing, yeah. Because the closer to the home, the taller, taller
the rooms, especially out of the top, then it's easier for them to see
all the windows, everyone, in the backyard, and also in the house, yeah.
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Community Hall: Construction noise is because during the construction,
most of us, work remotely, three days a week, for the company. And also,
we have kids who come out to school from
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Community Hall: 5, like, 5 on 5 PM, 4PM, they come home, they'll, like,
play in their backyards, and they, like, work on studies, so the… I think
one of the counselors, like, Teresa already mentioned, like, if the area,
sitting area is, like, near to Deanza, rather than far away from house,
that would be good. Yeah.
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Community Hall: For the traffic, I think it's a good point. Maybe it's
not worse than today, but the… on the prospect road, turnoff is actually
very risky. I can imagine in the future.
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Community Hall: the residents coming out of Jemstown, they turn left. In
the meantime, the residents outside the town hall, they turn left or turn
right, and they are very close.
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Community Hall: So this could be some potential concerns. But I do agree,
like, in theory, the traffic shouldn't be… It depends. Maybe the time
window is different. For the commercial, their time window is different
from the commute time window. So that part, I don't know, I don't have
strong, like…
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Community Hall: confidence on whether it's a good thing or a bad thing,
but just want to call it, like, everywhere. Most of us were connected in
that area, yeah, during that time, yeah.
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Community Hall: Yeah.
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Community Hall: Cool, that's it.
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Community Hall: Also, thanks for the City Councilors. They come to our
house, knock our doors, to ensure we know we're aware of this, like,
that's the most efficient way to communicate. Thanks a lot. Planning
Commissioners.
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Community Hall: Our speaker on Zoom lowered their hand, so we have no
remaining speakers in person or on Zoom chair.
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Community Hall: Great, thank you very much, City Clerk, and thank you to
the members of the public for coming in to speak. We will now bring it
back to the Commission. Do we have any further questions?
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Community Hall: Yes.
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Community Hall: So the, 44 feet height, is that with the rooftop deck, or
is that…
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Community Hall: Sorry to interrupt, it looks like our speaker on Zoom
raised their hand once again, if you want to reopen public comment,
Chair? Oh, yes, let us reopen the public comment, thank you.
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Community Hall: Welcome, Yao.
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Community Hall: Yao, you're unmuted.
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Yao Lin: Can you hear me?
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Community Hall: Yes, we can hear you.
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Yao Lin: Yeah, hi, hi everyone.
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Yao Lin: Yeah, I agree with what other speakers have mentioned, and I
want to touchpoint on a few more questions I have in mind, or concerns in
mind. First thing is about the, like, notice and announcement of this
project, and thanks a lot for, Mr. Yao, who came to our house and
notified us just before this meeting, so I haven't got a chance to review
the
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Yao Lin: plans.
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Yao Lin: I think, like, 3 years ago, there was another plan that, another
project plan, where they had the, like, the poster just in… on the set,
like, a very large, poster on the set, so we came to know, well, there is
a project ongoing, and…
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00:47:38.940 --> 00:47:53.090
Yao Lin: And currently, there is still, like, on sale, on sale notice on
the site, so we were, like, we had the impression that that is still on
sale, so that's why, like, we were not aware of this project at all.
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Yao Lin: Yeah, and one more thing I want to, mention is about the trees,
and thanks for, like, reserving the current trees. Yeah, but I also would
also like to have the, like.
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Yao Lin: the, the… the… to be, like, there may be some gaps along this,
along all the, all the boundaries, along the boundaries. There may be
some, gaps, like, there is still…
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Yao Lin: see-throughs, so I want… I hope that can be, examined and make
sure that the entire boundary is covered by trees.
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00:48:32.200 --> 00:48:45.279
Yao Lin: Yeah, and also, if there is plan to plant new trees, hopefully
it's, like, a bigger, bigger enough tree, like, not something that grows
from the beginning, so that it may take a few years to grow.
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00:48:45.860 --> 00:49:00.910
Yao Lin: And, another thing is about the traffic. So I do… I have the
same concern, with the other speaker, that we… we mostly turn, left from
Prospect to Diana.
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Yao Lin: So, I'm concerned about traffic there, because it seems…
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Yao Lin: it's… it's a very, like, short term, and a lot of people here,
we work… a lot of people here live, living in the Jamestown, or other,
like, neighborhood. It's… is… they, like, they work…
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Yao Lin: Yeah, on, on the north, so we have to, like, turn left there.
Yeah.
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Yao Lin: And,
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Yao Lin: another thing is about, during the construction. During
construction, we want to make sure that there is a plan, in place to make
sure that
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Yao Lin: It's our, like, daily life, because this construction may take a
few, a few months, to continue, and then hopefully, and we, we will have,
like, families and kids, living here, playing in the back, backyard, so
there's something, to be careful.
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Community Hall: Thank you, Yao, that is your time.
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00:50:00.520 --> 00:50:08.020
Community Hall: We have no remaining speakers, Chair. Thank you very
much, and actually, we will let the applicant respond to any of the
comments if they would like.
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00:50:13.040 --> 00:50:17.770
Community Hall: Fun 2 is, the construction… concerns about
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Community Hall: you know, keeping the site clean, staging, all that.
We're gonna be a good neighbor. We're gonna notice… we have to notice the
neighbors when we start construction. I think we have to give them an
update on our schedule. We're gonna start demolition, the different
stages. We do that. We provide our project superintendent, provide my
phone number, my email. There's a superintendent on-site all the time. We
recognize that the single-family homeowners will be concerned about noise
and dust. We always abide by all the…
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00:50:40.630 --> 00:50:53.859
Community Hall: you know, the requirements, the hours that we're allowed
to work. We're not starting early and working late. We abide by the
rules, or we're gonna get red-tagged. So, we're gonna be a good neighbor,
and we can do everything we can to push, like I said, the construction
staging area towards,
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Community Hall: towards South De Anza, we don't want angry homeowners, we
want them to be happy homeowners, so we want to be a good partner. Thank
you.
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00:51:02.530 --> 00:51:06.469
Community Hall: Thank you. Do we have any other questions for the
applicant before we close the public hearing?
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00:51:06.890 --> 00:51:09.869
Community Hall: Sounds like Commissioner Feng? Yeah, sure.
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Community Hall: We didn't talk about the,
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00:51:13.140 --> 00:51:15.350
Community Hall: On the plans, there's a,
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00:51:15.470 --> 00:51:21.779
Community Hall: the driveway path does look like it has a connection to
the place immediately north, and I'm curious if we could comment on
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Community Hall: what your intent was today about how that would be
implemented. So, during the planning process, staff asked us to reach,
coordinate with a neighbor on the Dollinger property to discuss a
potential connection for the future. So, I spoke to Jason, who's doing
the entitlements over there, and we basically had our civil engineers
coordinate to make sure that the driveways would line up if and when the
Dollinger property is redeveloped.
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Community Hall: to townhomes. So, when we build the site, we'll just be
putting up a good neighbor fence and stubbing a road, and then I have no
idea what the ultimate fate of that project is. I know they're in the
348
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Community Hall: Planning process, so…
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Community Hall: So, so the plan is to at least, you know, for the
estimated, you're building… you are building the fence across that.
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00:52:04.480 --> 00:52:10.069
Community Hall: Yes, we're gonna stub it ready to go to be connected if
and when it happens in the future. Great. Thank you.
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Community Hall: Any other questions?
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Community Hall: Yes, sir. Yes. Commissioner Rao.
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Community Hall: So, I wanna admire this conceptual plan. It's,
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Community Hall: It's brief, but it's really probably the original
objective design standard.
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00:52:27.840 --> 00:52:34.449
Community Hall: pretty prescriptive in the use of the word shallow, which
I assume is objective and is mandatory versus should and may.
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Community Hall: So, there's a shell stipulation here.
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00:52:39.160 --> 00:52:46.590
Community Hall: I believe it is… 19… A.
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Community Hall: 19A, in the South Dianza Conceptual Plan.
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00:52:51.000 --> 00:53:03.809
Community Hall: And it reads, the building height shall be limited to one
or two stories, except that third story may be permitted if a finding is
made that the third story adds interest to a building, does not adversely
impact surrounding properties, particularly in residential districts.
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Community Hall: Is that a finding that the applicant sought a waiver for?
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00:53:09.580 --> 00:53:19.239
Community Hall: Right, I just want to make sure that we're reviewing the…
the same plan here. So this… this property is subject to the South
Saratoga Sunnyvale Road
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00:53:19.490 --> 00:53:35.950
Community Hall: conceptual zoning plan, and it's… it's just below the
South De Anza conceptual zoning area, which I believe is the one you're
referencing with that language. So I just want to double check that.
Okay, because I thought the map on the city's page…
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Community Hall: Filled otherwise.
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Community Hall: Okay, we can take other questions, I will come back.
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Community Hall: Vice Chair?
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Community Hall: So, I had a question on the BMR. First, I'm thrilled that
you're having
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Community Hall: Some of the BM are not moderate income.
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00:53:53.120 --> 00:54:02.849
Community Hall: But I thought we had a 20% requirement, and there's 30
market rate units, so wouldn't it be 6 BMRs and not 5?
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00:54:04.090 --> 00:54:17.959
Community Hall: So that is a function of the density bonus that they're
receiving. Bmr requirements are on the base density, not on the bonus. So
what is the pre-density bonus number? 26 units is the base. Oh, okay.
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Community Hall: And so, the calculation ends up being 5.2 units, and our
BMR manual allows them to pay out the 0.2.
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00:54:25.690 --> 00:54:32.999
Community Hall: And as a result, they're providing the 5 units. Okay,
great. Well, I appreciate that there's finally some…
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00:54:33.190 --> 00:54:36.290
Community Hall: non-moderate income BMR, because…
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00:54:36.470 --> 00:54:41.459
Community Hall: I don't know when the last time we saw that in for-sale
housing was. Thank you.
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00:54:42.350 --> 00:54:52.410
Community Hall: I wanted to just follow up on some of the questions from
the community members. The first, would staff be able to opine on, the
height exception and, you know, how often that happens?
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00:54:53.440 --> 00:54:56.949
Community Hall: With townhome projects, more than 5? All the time.
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00:54:57.960 --> 00:54:59.340
Community Hall: Pretty much of late.
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00:54:59.580 --> 00:55:05.200
Community Hall: All right, thank you. And then on the, question of
traffic,
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00:55:05.310 --> 00:55:09.869
Community Hall: I understand some of this might sort of need to be
monitored, but,
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00:55:10.170 --> 00:55:22.490
Community Hall: Is… is staff… would staff consider, you know, any sort of
changes to the… the turnout or the current way the traffic is, marked out
on the road?
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00:55:22.700 --> 00:55:24.420
Community Hall: Based on this project.
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00:55:25.820 --> 00:55:36.320
Community Hall: Fortunately, I can't speak for the transportation
manager, but with any street improvement plans, they are always thinking
about that, and how to make it safer.
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00:55:36.320 --> 00:55:46.260
Community Hall: The street already has a sep… I won't say a separated
bike lane, but a, a buffered bike lane already there, so they are always
thinking about that.
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00:55:46.310 --> 00:56:01.339
Community Hall: And like I mentioned, in addition to the fact that this
is the further driveway from De Anza, that is open, there is one driveway
that is closed, so they are reducing the number of conflict points with
bike, pedestrian, and vehicle traffic.
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Community Hall: Okay, thank you.
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Community Hall: Commissioner Rao?
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Community Hall: Yes, thank you for that clarification. That map is
actually well north of,
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00:56:13.190 --> 00:56:15.110
Community Hall: Where the project site is, so…
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00:56:15.300 --> 00:56:21.049
Community Hall: what we're saying is this is now subject to the… this is
subject to the Sunnyva… South Sunnyvale and Saratoga.
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00:56:21.470 --> 00:56:25.779
Community Hall: conceptual plan, and I'm looking at that, and I can't
really see anything
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Community Hall: of consequence in there. So I think a similar standard
that's applied to this project is the one you were noting from the South
De Anza Boulevard Plan, is the three stories not to exceed 40 feet from
top of curb. That's going to be condition 18A.
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Community Hall: And,
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Community Hall: Saratoga Sunnyvale Conceptual Plan, and if you need
additional information regarding the height, or any of those setbacks…
Right, yeah, I think the key difference is 18A here says 3 stories,
whereas 18A in the other one says two stories.
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Community Hall: With exceptions made for a third story. Right.
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00:56:59.770 --> 00:57:05.140
Community Hall: Now, the… The talk we reviewed says 4 stories, but that's
the rooftop deck.
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00:57:05.370 --> 00:57:14.070
Community Hall: So, is there a reason we called that four stories? Yes,
it is definitionally a fourth story. That's just what it is, under the
city's municipal code definitions.
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00:57:14.940 --> 00:57:25.379
Community Hall: So we have to treat the rooftop deck as a fourth story?
Because of the little entry pop-up over there. When you do a cross-
section, it has a ceiling and a floor. That is considered a fourth floor.
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Community Hall: Is that unique to this project, or all projects? All
projects. Okay.
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00:57:30.030 --> 00:57:38.890
Community Hall: And so, how do we then explain this 18A that says 3
stories not to exceed 40 feet from top of curb? A waiver is being sought
by that. We have a waiver. Okay.
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00:57:40.180 --> 00:57:45.660
Community Hall: And the waiver specifically is for… I guess it covers
both aspects, the three stories and the height.
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00:57:45.810 --> 00:57:47.079
Community Hall: Of 44 feet.
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00:57:47.270 --> 00:57:50.659
Community Hall: Yeah. I mean, they have unlimited waivers, so it doesn't
matter.
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00:57:51.130 --> 00:57:55.299
Community Hall: But is that explicit? They're explicitly called out, yes.
Okay, okay.
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00:57:57.340 --> 00:58:01.569
Community Hall: I will come back. I have more questions, but… Someone
else can go next.
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00:58:01.850 --> 00:58:04.850
Community Hall: Any other questions from the rest of the Commission?
Nope, then back to you.
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00:58:10.810 --> 00:58:13.440
Community Hall: I guess my next question was around the…
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00:58:13.710 --> 00:58:17.240
Community Hall: Traffic management plan that is not included in the…
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00:58:17.880 --> 00:58:22.750
Community Hall: In the docs, is that right? That is… that comes with
building… Permits?
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00:58:24.050 --> 00:58:34.759
Community Hall: the construction management plan? Yeah. Yes, that does
come with building permit review. That is a standard thing that, city
staff reviews. But we could condition as part of the approval
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00:58:35.330 --> 00:58:38.170
Community Hall: Some recommendations around traffic management.
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00:58:38.290 --> 00:58:40.309
Community Hall: Or construction management, is that right?
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00:58:40.640 --> 00:58:44.270
Community Hall: Is that part of the purview of the Planning Commission,
or it is not?
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00:58:45.600 --> 00:59:06.650
Community Hall: So there are standard requirements for traffic management
during construction that are outlined in our municipal code. The project
is currently conditioned to follow those requirements. I don't believe
that because it's not objective, you know, necessarily we would be able
to require anything additional to that, but if the applicant is amenable
to it, you may be able to discuss that.
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00:59:06.650 --> 00:59:14.239
Community Hall: The project also is on a busy thoroughfare, I will say,
which is different from other projects that may or may not be located
further from
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00:59:14.240 --> 00:59:15.139
Community Hall: Free rape.
415
00:59:15.140 --> 00:59:21.540
Community Hall: exits and busier streets, so… But with that said, if the
applicant is amenable, that might be something that
416
00:59:21.610 --> 00:59:22.799
Community Hall: That the Commission could look at.
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00:59:23.110 --> 00:59:27.530
Community Hall: Understood. Does staff have any sort of sense of how many
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00:59:28.100 --> 00:59:33.770
Community Hall: kids bike to tessellations, and how much of a bike route
that route is to schools. I know on the…
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00:59:33.890 --> 00:59:41.600
Community Hall: construction management for the Linda Vista project, we
had talked about prohibiting trucks prior to school start hours. Is that
a concern for…
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00:59:41.610 --> 00:59:54.110
Community Hall: desolations? Yeah, so that is… on the municipal code,
those are, identified. You know, if you're within certain, schools and
things like that, you cannot have construction traffic with… at certain
hours of the day.
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00:59:54.110 --> 01:00:10.560
Community Hall: And that's the standard that, you know, Public Works
looks to and applies. And would that apply in this case? Is Tessellations
within that distance? I can't tell you off the top of my head, but I
think Tessellations is a little bit too far from this project.
Tessellations is, located
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01:00:10.900 --> 01:00:24.620
Community Hall: I want to say at least 3 quarters of a mile from the
site, maybe more. So we don't think this has any traffic? No. Yeah, we
should ask Commissioner Feng he would be intimately familiar with the
neighborhood. Probably a mile and a half. It's more than a mile. Yeah.
Okay. Thank you.
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01:00:27.320 --> 01:00:29.499
Community Hall: Any other questions from the Commission?
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01:00:29.830 --> 01:00:35.990
Community Hall: Okay, then we will close the public hearing, and we will
move on to comments. Does any Commissioner have comments on this project?
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01:00:36.200 --> 01:00:52.579
Community Hall: Yeah, I have a comment. So, all in all, I want to commend
the, the, the project. I think it's well done. I think you guys thought
through a lot of the objections ahead of time, and, you know, in terms of
the privacy, and maintaining the trees, and…
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01:00:52.590 --> 01:01:10.979
Community Hall: you know, the construction, all that, so… so I want to
recognize you for that. And also, I think, this is a really good example
if, you know, for young families, we need more young families in this
city, so something that, you know, is affordable, a 3-bedroom for…
427
01:01:11.020 --> 01:01:17.029
Community Hall: $1.5 million in a, in a Monta Vista school area is… is…
428
01:01:17.130 --> 01:01:27.770
Community Hall: very attractive. So… so I think this is going to be a
very popular project, and thank you for that. And also, I think the BMR
units is going to be very, very valuable. So, thank you.
429
01:01:29.210 --> 01:01:33.890
Community Hall: Thank you. Any other comments, Commissioner Feng? Sure. I
had a couple,
430
01:01:34.910 --> 01:01:46.599
Community Hall: Normally, normally at this point, I would say something
about, you know, these rooftop decks are really going to be a problem. I
think you've done a really good job here, minimizing the impact, having
the feature with minimizing the impact.
431
01:01:47.770 --> 01:01:56.810
Community Hall: I, you know, with it, in particular with it, you know,
the layout, not, not being directed over the, adjoining.
432
01:01:57.030 --> 01:02:03.000
Community Hall: Residential areas. I am a little surprised,
433
01:02:03.710 --> 01:02:16.059
Community Hall: I don't know if there was consideration of not having
rooftop decks. Maybe that was required for you to be able to have, you
know, some outdoor space, and it might have been better than balconies in
terms of impact, but…
434
01:02:16.220 --> 01:02:26.909
Community Hall: you know, one of the things… one of the issues that's
been raised here is that this does make you into a four-story home
instead of a three-story home, I think without adding extra height.
435
01:02:27.010 --> 01:02:41.180
Community Hall: The other… the other impact that you get from having the
rooftop deck is that you're… you're actually using quite a bit of, square
footage for the stairs to get… get there. So that's something I would
just, would say would be…
436
01:02:41.270 --> 01:02:46.630
Community Hall: A consideration, although I don't think there's any
problem with the way that the layout was done.
437
01:02:46.680 --> 01:03:04.960
Community Hall: I think traffic actually is a little challenging. There's
not so many units here that this is a huge flood of people, but the
traffic is a little challenging. There's very little, space to turn
around. If you were… many people would be heading north toward 85. It
would be hard to do that using the South De Anza exit.
438
01:03:05.050 --> 01:03:11.259
Community Hall: Maybe they'd go to prospect. That's probably a little
challenging, too. It's a pretty quick turn.
439
01:03:11.970 --> 01:03:18.970
Community Hall: So I would… one of the things I would say, I, you know,
asked about the connection route, and of course, that's very dependent
on…
440
01:03:19.320 --> 01:03:31.189
Community Hall: you know, who your neighbors are to the north, but that
would definitely be something I think would be an improvement, probably,
for both of the projects, even though you're the much smaller one of
what's being considered there.
441
01:03:31.410 --> 01:03:37.410
Community Hall: There was a lot of, concern about compliance. I think
442
01:03:37.540 --> 01:03:47.510
Community Hall: since your current neighbor is the sheriff's Office,
you're probably going to be a pretty good… pretty good neighbor, I
suspect. Everybody knows where they are. Everybody knows where to
complain.
443
01:03:47.700 --> 01:03:56.410
Community Hall: And then, I did want to speak a little to school impact.
This actually…
444
01:03:56.760 --> 01:04:03.440
Community Hall: my neighborhood. This project is my neighborhood, and
it's actually been reclassified to being a Limbra area.
445
01:04:03.590 --> 01:04:14.260
Community Hall: The people of Limbrook will appreciate that. They're
very, very small, and it's difficult. It's been a challenge for FUHSD.
446
01:04:14.310 --> 01:04:24.139
Community Hall: to maintain schools at different sizes, so I think this
slide should be a plus. Definitely, what you're offering will be the kind
of place that families will be at. It's big enough.
447
01:04:24.190 --> 01:04:35.420
Community Hall: that, that people who have families will find it to be
very desirable. And, you know, so I think that that's a plus for all the
schools. I believe that that school would still attend Kennedy.
448
01:04:36.800 --> 01:04:53.939
Community Hall: and probably… probably have a choice between Blue Hills
and Lincoln, for elementary. Blue Hills is another case where, you know,
that school in Saratoga is very small, based on its natural attendance,
so having an opportunity to have more people.
449
01:04:54.000 --> 01:05:04.229
Community Hall: will be fantastic. And of course, both school districts,
both FUHSD and CUSD, are going to appreciate the, significant tax revenue
that comes from, you know, having a new project there.
450
01:05:06.370 --> 01:05:22.410
Community Hall: And then I would… I would comment that, you know, at the
time when, when my son was in school, this was Regnard and, Regnard and
Monte Vista, and of course, you know, both those schools today are, under
a lot of… well, of course, Ragnard is… Ragnard's, elementary is closed.
451
01:05:22.620 --> 01:05:27.029
Community Hall: You know, and the home for tessellations now. And Monta
Vista is actually
452
01:05:27.190 --> 01:05:36.470
Community Hall: constantly challenging Lindbrook as a, how do we
maintain, sufficient, population to, to be a viable…
453
01:05:36.660 --> 01:05:42.780
Community Hall: a viable school. So I think… I think that this kind of…
this development, You know,
454
01:05:42.930 --> 01:05:47.019
Community Hall: It, it doesn't have some of the negatives of, of,
455
01:05:47.510 --> 01:06:05.110
Community Hall: you know, of a higher density project in the midst of
single-family homes, you know, you solve a lot of the problems with
traffic access. The concerns that have been raised here about, you know,
is it going to be fire evacuation danger and things like that. These are
all non-issues for this project, so I think it's… I think it's really
great.
456
01:06:05.270 --> 01:06:16.270
Community Hall: Glad that, I'm glad to see it looks like a good project.
And also, I was gonna say, from a notification process, I do drive by
this, by this site every day. The,
457
01:06:16.580 --> 01:06:24.240
Community Hall: I'm just outside of the notice range, so I didn't know
about the events you were having, but I do see the… I think the,
458
01:06:24.670 --> 01:06:32.140
Community Hall: The notice, the planning, you know, the, planning
department notice was, was very prominent.
459
01:06:32.190 --> 01:06:48.639
Community Hall: very prominent, very noticeable, and I think it has been
up for a while, so I think that's been a positive part. Of course, it
would be hard for people not to see that side for anybody who lives in
that area, you know, the affected area, so I think that's actually been
really good.
460
01:06:49.070 --> 01:06:50.490
Community Hall: I think that's it for me.
461
01:06:51.560 --> 01:06:52.850
Community Hall: Thank you, Vice Chair.
462
01:06:53.330 --> 01:06:57.310
Community Hall: So, this may be going backwards a little bit, but…
463
01:06:57.970 --> 01:07:06.210
Community Hall: Is there solar on all these units? I thought that's a
requirement under state law, but I don't see it in the rendering. There's
solar, yes.
464
01:07:06.710 --> 01:07:19.439
Community Hall: So with the rooftop deck, where do you… where is the
solar? Half of the building would have a rooftop deck, the other would
have a pitched roof, and so it would have… It's the shaded part. It is
the solar. It's the what?
465
01:07:19.440 --> 01:07:26.910
Community Hall: There's a shaded section on the top that's… the shaded
part is solar, and the white part is… Oh, okay. Alright, very good, thank
you.
466
01:07:28.480 --> 01:07:34.319
Community Hall: Yes, I did actually have more questions, and… Not ready
till closing yet.
467
01:07:34.750 --> 01:07:37.379
Community Hall: The tree replacement plan…
468
01:07:37.810 --> 01:07:43.540
Community Hall: What is the tree trunk diameter? I think we have, like,
15 trees being replaced?
469
01:07:44.080 --> 01:07:46.090
Community Hall: Can we put up the tree replacement?
470
01:07:48.870 --> 01:07:59.100
Community Hall: If you give me a moment, I'd be happy to do that. And
you're looking for the tree replacement chart that was provided in the
staff report? Yeah, either the staff report or the resolution, either
one.
471
01:07:59.360 --> 01:08:09.799
Community Hall: Okay, give me one moment for that, if you have any other
questions. And these are protected trees, but not heritage trees,
correct? Correct. Yes, these are development trees, so they're protected
by that category.
472
01:08:11.580 --> 01:08:21.929
Community Hall: I guess the replacement plan depends on the diameter of
the trunk size of remote trees, and that was not in… It's in the staff
report. It's in the staff report, so maybe we can put that up.
473
01:08:30.620 --> 01:08:32.190
Community Hall: It's one of the downfalls.
474
01:08:33.250 --> 01:08:41.449
Community Hall: I think that they… it was in the staff report, it called
for box trees. Yes, yes. There's a mix of them. All right.
475
01:08:42.040 --> 01:08:43.920
Community Hall: Thank you, video.
476
01:08:44.029 --> 01:08:47.169
Community Hall: And we'll get down to it in a second, there we go.
477
01:08:47.300 --> 01:08:50.090
Community Hall: So, you'll see here there's a mix of…
478
01:08:51.010 --> 01:09:00.749
Community Hall: how large the existing trees are, that's going to be in
this column here. And then the requirements for each of those
replacements is noted here, and then what the selected replacement
479
01:09:00.920 --> 01:09:08.460
Community Hall: Type is… is over here, again, with some of them selecting
to do two 24-inch boxes, and others just one 36-inch box.
480
01:09:10.750 --> 01:09:17.090
Community Hall: And I'll also note that the applicant is proposing
additional trees, not just those that are required for replacement.
481
01:09:19.550 --> 01:09:25.040
Community Hall: And so, I guess I'm confused. So, if you scroll down, the
sum total of this is what?
482
01:09:25.460 --> 01:09:40.450
Community Hall: A total of 28 trees? So, either they plant 28, 24-inch
box trees, or they could plant 13 36 into 24-inch box trees on the two
extremes. Okay. So they… they have chosen
483
01:09:40.550 --> 01:09:41.779
Community Hall: to plant.
484
01:09:42.060 --> 01:09:47.910
Community Hall: A combination of 6 36-inch box trees and 16 24-inch box
trees.
485
01:09:48.439 --> 01:09:55.140
Community Hall: Which is in the range for what they've actually, of what
the code requires or allows.
486
01:09:58.250 --> 01:10:01.410
Community Hall: How does the code give you that flexibility to…
487
01:10:01.680 --> 01:10:18.719
Community Hall: Because for the replacements, if you look at column 4,
essentially it says they could either plant 2 24-inch box trees or 136.
So in some cases, they have picked two 24-inch box trees, and in other
cases, they have picked
488
01:10:19.850 --> 01:10:23.360
Community Hall: The 36-inch box tree as a replacement.
489
01:10:27.320 --> 01:10:30.069
Community Hall: So, I feel the math works out right, and… Yes.
490
01:10:30.500 --> 01:10:35.670
Community Hall: They can come in under on the… On the trunk size.
491
01:10:36.450 --> 01:10:40.409
Community Hall: They're actually meeting the city's requirements.
492
01:10:44.130 --> 01:10:44.980
Community Hall: Okay.
493
01:10:47.030 --> 01:10:52.089
Community Hall: Yeah, it certainly feels like, on the surface, that
looked lower, but okay, I understand.
494
01:10:52.710 --> 01:10:53.570
Community Hall: Thank you.
495
01:10:55.720 --> 01:11:07.969
Community Hall: All right, well, I will make my comments. So I wanted to
thank both the applicant and staff. I think, you know, I listened back to
the original public hearing on this project many years ago, and
496
01:11:08.760 --> 01:11:32.819
Community Hall: there was a lot of objection from the community, and I
appreciate that the revision really does take the community's need for
privacy and space into account, so I thank you for revising that, and
also for keeping the original trees. I think that's something that
doesn't happen very often in a lot of our projects, but the original
trees really are superior to the new, young plantings, and
497
01:11:32.820 --> 01:11:43.370
Community Hall: will provide better privacy for the neighbors, so thank
you for that. I also thank you to staff for providing the ESA. I think it
helped give us a little bit more visibility into,
498
01:11:43.370 --> 01:12:08.299
Community Hall: you know, we did have concerns, just, or at least I did,
looking into the gas station right next to this property, and it's in
close proximity to other gas stations, so, helpful to get me more
comfortable with where this project currently is at. And, you know, as
the other commissioners said, I agree. I think I know personally a number
of families that have been able to move into Cupertino because of
townhome projects like this.
499
01:12:08.300 --> 01:12:16.779
Community Hall: So I can tell that this is a type of housing that there
is demand for and that people find valuable, so I think it will be good
for the community.
500
01:12:17.510 --> 01:12:24.409
Community Hall: Those are my comments. Any other comments from the
Commission? Yes, I feel like we are going to closing comments, and I'm
still with questions here.
501
01:12:24.710 --> 01:12:29.490
Community Hall: So, on the fire cord, If the building height is about 30
feet.
502
01:12:29.830 --> 01:12:34.600
Community Hall: The fire code requires a 26-foot-wide access role.
503
01:12:35.490 --> 01:12:36.599
Community Hall: Is that correct?
504
01:12:38.400 --> 01:12:51.960
Community Hall: We wouldn't be able to speak to that, but as we discussed
earlier today, the fire department has reviewed the plans and has cleared
them. They are the ones that are responsible for making those decisions
related to the fire code. I would not want to speak for them.
505
01:12:52.890 --> 01:12:58.079
Community Hall: Okay, can you speak to what is the width of the road on
this project? It's 22 feet?
506
01:12:58.300 --> 01:13:01.830
Community Hall: It is… I… Emmy, if you could pull it up.
507
01:13:05.440 --> 01:13:14.800
Community Hall: Right, so the, project, yes, the streets themselves are
22 feet wide paved. There are some driveway aprons in addition to that.
508
01:13:15.040 --> 01:13:20.490
Community Hall: On either side of that 22 feet. A paved street with.
509
01:13:20.980 --> 01:13:25.360
Community Hall: Because I know when we had the Linda Vista project, this
was discussed at length.
510
01:13:25.730 --> 01:13:29.060
Community Hall: And we spent tens of minutes going into
511
01:13:30.200 --> 01:13:38.999
Community Hall: aerial fire. Right. If the fire department had found
something, they would have commented on it, it would have been a
condition of approval, and they have not. They've found it to be…
512
01:13:39.210 --> 01:13:42.130
Community Hall: Compliant with the code, and they've added their own
conditions.
513
01:13:44.590 --> 01:13:45.410
Community Hall: Okay.
514
01:13:46.330 --> 01:13:49.330
Community Hall: So this is outside the purview of the Planning
Commission, is what…
515
01:13:49.640 --> 01:13:52.430
Community Hall: But building and fire code, yes. Okay.
516
01:13:52.780 --> 01:13:58.440
Community Hall: Well, not so much building and fire, but whether we
should require a 26-foot wide… Right.
517
01:13:58.750 --> 01:13:59.680
Community Hall: driveway.
518
01:13:59.900 --> 01:14:02.810
Community Hall: Would that be under the purview of the Planning
Commission?
519
01:14:02.980 --> 01:14:12.540
Community Hall: That would be under the… if it was required, FHIRE would
certainly require it, and we would make that as a condition of approval.
So our code itself does not
520
01:14:13.120 --> 01:14:28.129
Community Hall: embed any assumptions on the width of the driveway? We
only require a 24-foot backup for cars to back out safely, and in terms
of if it did not involve any backing up, then we allow, I believe it's a
24-foot wide
521
01:14:28.310 --> 01:14:32.150
Community Hall: Driveway for… 22-foot-wide driveway for a two-car.
522
01:14:32.260 --> 01:14:34.019
Community Hall: Two cars to pass.
523
01:14:35.390 --> 01:14:38.049
Community Hall: And when you say backing up, you mean out of the garage,
or…
524
01:14:38.480 --> 01:14:42.090
Community Hall: And that's not the case here? There are the driveway
aprons.
525
01:14:42.880 --> 01:14:49.429
Community Hall: to the building… it's clear of buildings. So from face of
garage to face of garage. Okay. And we believe we meet that requirement?
Yes.
526
01:14:49.640 --> 01:14:50.400
Community Hall: Okay.
527
01:14:51.350 --> 01:15:00.060
Community Hall: And speaking of garages, how many parking spots are
provided? I don't know if the staff presentation covered parking.
528
01:15:00.760 --> 01:15:09.260
Community Hall: There are two per residence, those are gonna be the
garage spaces, and then there are additional guest spaces located on the
property. I believe there are 7 of those, including one ADA space.
529
01:15:09.370 --> 01:15:11.740
Community Hall: 7 guest parking spots. Correct.
530
01:15:12.450 --> 01:15:20.059
Community Hall: And those will be open to all vehicles. It's not gonna
further reduce down to 3, because 4 became EV parking.
531
01:15:20.660 --> 01:15:24.970
Community Hall: Not that we're aware of, not with residential projects.
The 7 guest parking.
532
01:15:25.330 --> 01:15:27.579
Community Hall: And 2 parking per unit.
533
01:15:27.700 --> 01:15:29.260
Community Hall: How many of those are tandem?
534
01:15:30.680 --> 01:15:36.900
Community Hall: Let me go ahead and check that, but I believe it's about
4. Half of them are tandem one.
535
01:15:42.890 --> 01:15:51.059
Community Hall: 15. Sorry about that. About half of them. 15 are tandem?
Yes. And did they need a waiver for the use of tandem?
536
01:15:51.620 --> 01:15:56.590
Community Hall: No, we only require one parking space per unit, so
they're providing two.
537
01:15:56.870 --> 01:16:04.779
Community Hall: Okay, so no waivers were needed. I feel like we did
something around a waiver on a previous project for Tandem, maybe I'm
confused.
538
01:16:05.780 --> 01:16:08.650
Community Hall: We only require one per unit.
539
01:16:08.960 --> 01:16:09.710
Community Hall: Okay.
540
01:16:09.930 --> 01:16:11.870
Community Hall: Yeah, I will yield my time. Thank you.
541
01:16:13.440 --> 01:16:14.340
Community Hall: Vice Chair.
542
01:16:14.480 --> 01:16:18.540
Community Hall: Oh, so I appreciate Commissioner Rao bringing up the 26
feet.
543
01:16:19.220 --> 01:16:24.809
Community Hall: It's because the count… are we not subject to the county
requirement for 26 feet for…
544
01:16:25.500 --> 01:16:29.200
Community Hall: width for buildings over 30 feet? I mean, how…
545
01:16:30.650 --> 01:16:46.859
Community Hall: How are they able to do this? It would not be a county
requirement, it would be a requirement of the fire code, and with however
the project is designed, the, they do meet that, and I do see that the
applicant might have something to add to that. Oh, okay, great.
546
01:16:50.860 --> 01:16:56.809
Community Hall: group. So, the fire code requires when your building's
above 30 feet… Can you speak into the mic, please?
547
01:16:56.940 --> 01:17:11.579
Community Hall: the fire code requires when your building's above 30 feet
for aerial access, but you need it on one side of the building. If you
notice our buildings, like the two next to Dianza, you get it from De
Anza itself. The one next to Prospect, you get it on Prospect.
548
01:17:11.580 --> 01:17:28.569
Community Hall: the two internal buildings right next to where the short
end of the building is, the road is wider… Sorry, can I pause you? Can
you put up a view of the parcel so that we can follow you as you speak?
Could you put up the civil side seat C3. It is being shared on the staff
monitor video, if you could… yeah, there we go.
549
01:17:30.730 --> 01:17:35.739
Community Hall: Yes, so the Building 2 and Building 4, which are the ones
right next to De Anza.
550
01:17:36.280 --> 01:17:42.970
Community Hall: Those are… the aerial access for fire is from De Anza
itself, and fire is approved. De Anza is wider than 26 feet.
551
01:17:43.330 --> 01:17:53.000
Community Hall: The Building 5, which is the one down on Prospect, you're
fighting it from Prospect, so the shot side of the building is within 50
to 20 feet, and Prospect is wider than 26 feet.
552
01:17:53.060 --> 01:17:57.899
Community Hall: The two buildings that are Building 3 and 1 internally,
as you can see.
553
01:17:57.910 --> 01:18:14.870
Community Hall: the road going up to the north, which is connecting up,
that part is 26 feet, and the building is 15 feet away from it, so you
fight the fire from that side. And similarly with Building 3, as in that
road is, if you noticed, and this was done carefully to save both the
existing trees and also meet the fire axis.
554
01:18:14.870 --> 01:18:22.709
Community Hall: Next to Building 3, the road is widened up to 26 feet,
and it narrows down to 2 feet as you go down to its prospect, where you
don't need the fire access.
555
01:18:24.210 --> 01:18:31.059
Community Hall: So, I understand the staff cannot answer FHAR questions,
but is the applicant able to answer FHAR-related questions? Did you…
556
01:18:31.190 --> 01:18:36.469
Community Hall: Have you completed fire review? Yeah, it's been part of
the whole fire review application, and I'm like.
557
01:18:36.860 --> 01:18:42.170
Community Hall: And the fire review signed off on the… Aerial heparatus.
558
01:18:42.340 --> 01:18:43.160
Community Hall: Yes, ma'am.
559
01:18:47.650 --> 01:18:49.950
Community Hall: Any other questions or comments? Oh, I mean…
560
01:18:50.140 --> 01:19:00.190
Community Hall: If you did one really long building, but you could still
reach the edge of the building 26… with a 26-foot road, that just seems…
561
01:19:00.420 --> 01:19:02.039
Community Hall: A little bit odd.
562
01:19:02.450 --> 01:19:08.710
Community Hall: that you can't get… you really can't get to the units,
the inner units, but I guess…
563
01:19:09.360 --> 01:19:12.169
Community Hall: Code didn't take that into consideration.
564
01:19:16.020 --> 01:19:19.220
Community Hall: All right, do we have any other questions or comments
from the Commission?
565
01:19:25.000 --> 01:19:27.800
Community Hall: Do we have a motion from the Commission?
566
01:19:28.460 --> 01:19:29.780
Community Hall: I'll make a motion.
567
01:19:30.880 --> 01:19:34.500
Community Hall: So… let me get back to the thing.
568
01:19:36.810 --> 01:19:52.729
Community Hall: I'll make a motion that the Planning Commission adopt the
draft resolution recommending that the City Council find the project
exempt from CEQA and make the required findings of known net loss, and
approve the project, with the resolutions as listed by staff.
569
01:19:53.780 --> 01:19:54.740
Community Hall: A second.
570
01:19:55.600 --> 01:19:59.780
Community Hall: Would you be open to an amendment on this motion to…
571
01:19:59.950 --> 01:20:06.980
Community Hall: Allow for the applicant to consider… to have the
applicant's arborist work
572
01:20:07.380 --> 01:20:09.740
Community Hall: To cover gaps in the trees.
573
01:20:11.630 --> 01:20:14.539
Community Hall: If I may, Chair, the gaps…
574
01:20:14.640 --> 01:20:28.179
Community Hall: are shown to be covered on the site plans, but to the
extent that there may be further gaps, then yes, absolutely. Yes, because
I did look at the site plan, and the gaps are currently covered by
shrubs, which are not equivalent.
575
01:20:29.350 --> 01:20:33.149
Community Hall: Chair, if I may move a substitute motion, including your
amendment?
576
01:20:33.430 --> 01:20:36.260
Community Hall: Do I have a second? I'll second that. Thank you.
577
01:20:39.330 --> 01:20:41.039
Community Hall: Any further amendments?
578
01:20:47.420 --> 01:20:49.190
Community Hall: Yeah, if none, we can vote.
579
01:20:49.840 --> 01:20:57.119
Community Hall: I'm sorry, what was your substitute motion? Basically,
including your amendment to the original motion.
580
01:20:57.410 --> 01:21:02.009
Community Hall: Which is for the arborist recommendation to cover gaps in
trees.
581
01:21:02.310 --> 01:21:05.529
Community Hall: Which was reported by residents in the neighborhood.
Okay.
582
01:21:06.010 --> 01:21:08.199
Community Hall: City Clerk, may we please have a vote?
583
01:21:25.680 --> 01:21:27.630
Community Hall: The motion carries unanimously.
584
01:21:28.380 --> 01:21:37.469
Community Hall: Great, thank you very much, City Clerk. And we will now
move on to… we have no old business or new business. Do we have any staff
and commission reports?
585
01:21:38.760 --> 01:21:53.410
Community Hall: I do not have a report, I just wanted to, and this kind
of leads into upcoming agenda items. The health and safety element will
be coming to the Planning Commission for a hearing on the 22nd, just… but
aside from that, I do not have a staff report.
586
01:21:54.030 --> 01:21:55.919
Community Hall: Thank you. Any Commission reports?
587
01:21:57.960 --> 01:21:58.890
Community Hall: a reading.
588
01:21:59.240 --> 01:22:14.970
Community Hall: Seeing as there are no Commission reports, we will move
to future agenda setting. Do we have any items for proposal? Yes, I was
going to ask the city attorney the question I asked earlier, which is the
agenda item proposed by the member of the public who has patiently waited
till the end.
589
01:22:15.300 --> 01:22:20.900
Community Hall: Are we allowed to propose a future agenda item for a
study session on a
590
01:22:21.480 --> 01:22:24.550
Community Hall: Political sign ban ordinance.
591
01:22:32.180 --> 01:22:37.529
Community Hall: So, Commissioner Rao, this is the portion of the agenda
where commissioners are,
592
01:22:37.730 --> 01:22:45.080
Community Hall: free to present suggestions for an item for the future,
as long as there's a second. Okay, so I'm gonna then…
593
01:22:45.270 --> 01:22:48.930
Community Hall: Propose a future agenda item for a study session.
594
01:22:49.350 --> 01:22:56.399
Community Hall: On a political side, ban ordinance. Do I have a second?
595
01:23:00.090 --> 01:23:02.650
Community Hall: Sure, I'll second it. Thank you, Weisschair.
596
01:23:04.230 --> 01:23:08.470
Community Hall: Any other agenda items? Or, sorry, was there…
Commissioner Feng? Did you have a comment?
597
01:23:10.130 --> 01:23:12.259
Community Hall: Is there any issue about conflict?
598
01:23:12.750 --> 01:23:14.609
Community Hall: On an item of that nature.
599
01:23:19.050 --> 01:23:25.929
Community Hall: The question was whether there was an issue of a
conflict, an item of agendizing… considering agendizing an item of that
nature.
600
01:23:26.410 --> 01:23:27.510
Community Hall: With this group.
601
01:23:29.050 --> 01:23:34.630
Community Hall: And I think, Commissioner, following that question, is
directed at the fact that Commissioner Rao is currently
602
01:23:34.770 --> 01:23:41.380
Community Hall: a candidate. I don't believe he has a financial interest
in, in,
603
01:23:41.520 --> 01:23:51.130
Community Hall: in, this feature agenda item, is a feature agenda item
that's applicable, I mean, to all future candidates, so…
604
01:23:51.500 --> 01:23:56.179
Community Hall: Having said that, you know, we're on the sectional agenda
where a candidate can make that
605
01:23:57.420 --> 01:24:00.510
Community Hall: Request to place an agenda.
606
01:24:00.870 --> 01:24:02.300
Community Hall: So I think it's okay.
607
01:24:03.560 --> 01:24:04.390
Community Hall: Okay.
608
01:24:05.970 --> 01:24:12.460
Community Hall: All right, any other comments or agenda items? As there
are none, then we will adjourn the meeting.