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PC 2-11-2025 Searchable PacketCITY OF CUPERTINO PLANNING COMMISSION AGENDA 10350 Torre Avenue, Council Chamber and via Teleconference Tuesday, February 11, 2025 6:45 PM IN-PERSON AND TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION Members of the public wishing to observe the meeting may do so in one of the following ways: 1) Attend in person at Cupertino Community Hall, 10350 Torre Avenue. 2) Tune to Comcast Channel 26 and AT&T U-Verse Channel 99 on your TV. 3) The meeting will also be streamed live at www.Cupertino.org/youtube and www.Cupertino.org/webcast Members of the public wishing to comment on an item on the agenda may do so in the following ways: 1) Appear in person at Cupertino Community Hall. Members of the audience who address the Commission must come to the lectern/microphone, and are requested to complete a Speaker Card and identify themselves. Completion of Speaker Cards and identifying yourself is voluntary and not required to attend the meeting or provide comments. 2) E-mail comments by 5:00 p.m. on Tuesday, February 11 to the Commission at planningcommission@cupertino.org. These e-mail comments will be received by the commission members before the meeting and posted to the City’s website after the meeting. Members of the public may provide oral public comments in person during the meeting as follows: Comments may be made during “Oral Communications” for matters not on the agenda, and during the public comment period for each agenda item. If you wish to provide oral communications, please complete a speaker request card located in front of the Commission and deliver it to staff prior to discussion of the item. When you are called, proceed to the podium and the Chair will recognize you. Members of the public that wish to share a document when providing oral comments may do so at the overhead projector at Page 1 1 PC 02-11-2025 1 of 161 of 16 Planning Commission Agenda February 11, 2025 the podium or email the document to planningcommission@cupertino.gov by 5:00p.m. Documents received by email will be posted to the City website after the meeting. Please limit your comments to three (3) minutes or less. Teleconferencing Instructions To address the Commission, click on the link below to register in advance and access the meeting: Online: Register in advance for this webinar: https://cityofcupertino.zoom.us/webinar/register/WN_Y-3c_wtyTBK6DE9GeCVvgg Phone Dial: 669-900-6833 and enter WEBINAR ID: 950 0752 7123 (Type *9 to raise hand to speak, *6 to unmute yourself). Unregistered participants will be called on by the last four digits of their phone number. Or an H.323/SIP room system: H.323: 144.195.19.161 (US West) 206.247.11.121 (US East) Meeting ID: 950 0752 7123 SIP: 95007527123@zoomcrc.com After registering, you will receive a confirmation email containing information about joining the webinar. Please read the following instructions carefully: 1. You can directly download the teleconference software or connect to the meeting in your internet browser. If you are using your browser, make sure you are using a current and up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionality may be disabled in older browsers, including Internet Explorer. PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES 1.Subject: Approval of December 10, 2024 Planning Commission Minutes Page 2 2 PC 02-11-2025 2 of 162 of 16 Planning Commission Agenda February 11, 2025 Recommended Action: Approve December 10, 2024 Planning Commission Minutes 1 - Draft Minutes POSTPONEMENTS ORAL COMMUNICATIONS This portion of the meeting is reserved for persons wishing to address the Commission on any matter within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the Commission from making any decisions with respect to a matter not on the agenda. CONSENT CALENDAR - None Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. PUBLIC HEARINGS - None Effective January 1, 2023, Government Code Section 65103.5 (SB 1214) limits the distribution of copyrighted material associated with the review of development projects. Members of the public wishing to view plans that cannot otherwise be distributed under SB 1214 may make an appointment with the Planning Division to view them at City Hall by sending an email to planning@cupertino.org. Plans will also be made available digitally during the hearing to consider the proposal. OLD BUSINESS - None NEW BUSINESS 2.Subject: Election of Planning Commission Chair and Vice Chair Recommended Action: Elect Planning Commission Chair and Vice Chair Staff Report 3.Subject: 2025 Planning Commission meeting schedule Recommended Action: Review the meeting schedule for 2025 (see Attachment 1) and consider changes Staff Report 1 - 2025 PC Meeting Schedule STAFF AND COMMISSION REPORTS This portion of the meeting is reserved for staff to provide any updates on matters pertinent to the Commission and for Commissioners to report on any Commission related activities they have taken part in since the prior regularly scheduled meeting. Page 3 3 PC 02-11-2025 3 of 163 of 16 Planning Commission Agenda February 11, 2025 FUTURE AGENDA SETTING This portion of the meeting is reserved for the Chair or any two Commissioners to propose a future agenda item within the jurisdiction of the Commission. A proposal to add a future agenda item shall be brief and without discussion by the Commission. ADJOURNMENT If you challenge the action of the Planning Commission in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this agenda, or in written correspondence delivered to the City of Cupertino at, or prior to, the public hearing. In the event an action taken by the Planning Commission is deemed objectionable, the matter may be officially appealed to the City Council in writing within fourteen (14) days of the date of the Commission’s decision. Said appeal is filed with the City Clerk (Ordinance 632). In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for assistance. In addition, upon request in advance by a person with a disability, meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Any writings or documents provided to a majority of the Planning Commission after publication of the packet will be made available for public inspection in the Community Development Department located at City Hall, 10300 Torre Avenue, Cupertino, California 95014 during normal business hours and in Planning packet archives linked from the agenda/minutes page on the City web site. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section 2.08.100, written communications sent to the City Council, Commissioners or staff concerning a matter on the agenda are included as supplemental material to the agendized item. These written communications are accessible to the public through the City website and kept in packet archives. Do not include any personal or private information in written communications to the City that you do not wish to make public, as written communications are considered public records and will be made publicly available on the City website. For questions on any items in the agenda, or for documents related to any of the items on the agenda, contact the Planning Department at (408) 777 3308 or planning@cupertino.org. Page 4 4 PC 02-11-2025 4 of 164 of 16 CITY OF CUPERTINO Agenda Item 25-13677 Agenda Date: 2/11/2025 Agenda #: 1. Subject: Approval of December 10, 2024 Planning Commission Minutes Approve December 10, 2024 Planning Commission Minutes CITY OF CUPERTINO Printed on 2/6/2025Page 1 of 1 powered by Legistar™5 PC 02-11-2025 5 of 165 of 16 DRAFT MINUTES CUPERTINO PLANNING COMMISSION Tuesday, December 10, 2024 At 6:45 p.m. Chair David Fung called the Regular Planning Commission meeting to order and led the Pledge of Allegiance in the Cupertino Community Hall Council Chamber, 10350 Torre Avenue and via teleconference. ROLL CALL Present: Chair David Fung, Vice Chair Seema Lindskog, and Commissioners Muni Madhdhipatla, Tejesh Mistry and Steven Scharf. APPROVAL OF MINUTES 1. Subject: Approval of October 8, 2024 Planning Commission Minutes Recommended Action: Approve October 8, 2024 Planning Commission Minutes MOTION: Lindskog moved and Mistry seconded to approve the October 8, 2024 Planning Commission minutes. The motion carried with the following vote: Ayes: Fung, Lindskog, Madhdhipatla, and Mistry. Noes: None. Abstain: Scharf. Absent: None. POSTPONEMENTS - None ORAL COMMUNICATIONS San R. expressed concern about the number of Planning Commission meetings that were cancelled in prior years and also urged the commission to agendize a future item on density swaps to amend the Priority Housing Sites list. Lisa Warren discussed the lack of transparency and dismissive responses from city officials at a recent meeting with the mayor and stressed the need for proactive communication, better policies, and a unified approach to address the growing challenges facing Cupertino. Ram Sripathi commented on the City Council and Planning Commission's lack of focus on residents, stating that decisions are made too late and public input has no impact, and additionally expressed disappointment in city leadership for not prioritizing the community. 6 PC 02-11-2025 6 of 166 of 16 Page 2 Planning Commission Draft Minutes December 10, 2024 CONSENT CALENDAR - None PUBLIC HEARINGS 2. Subject: Zoning Map Amendment for Priority Housing Site No. 24 in the 6th Cycle Housing Element (Application No.(s): Z-2024-001, EA-2024-001; Applicant: City of Cupertino; APN: 359 13 019; Location: 20865 McClellan Road) Recommended Action: That the Planning Commission adopt the draft resolution (Attachment A) recommending that the City Council amend the City’s Zoning Map changing the zoning for APN 359 13 019 from R-3 to R-3/TH to ensure consistency with the 6th Cycle Housing Element. Planning Manager Piu Ghosh introduced the item and gave a presentation. Commissioner Madhdhipatla stated he can participate in this decision because he lives outside the 1,000-foot radius of the subject property. Commissioners disclosed ex-parte communications and site visits. Senior Assistant City Attorney Woo explained the agenda item is to correct a clerical mistake, as 14 sites in the housing element were intended to be zoned R3/TH but one was inadvertently left out and action tonight is being taken to align the zoning with the housing element as required by state law. Commissioners asked clarifying questions. Chair Fung opened the public hearing and the following people spoke: • Ken Bell • Teresa Ward • Tracy K • Frank Shen • Simon Chen • Esther Wong • Debby • Vicki Taniguchi • Lucy Chen • Daniel Ying • Dennis Whittaker • Laura Chin • Ned Britt • Steve Kelly 7 PC 02-11-2025 7 of 167 of 16 Page 3 Planning Commission Draft Minutes December 10, 2024 • Ava • San R • Elizabeth • Ram Sripathi • David Chair Fung closed the public hearing. Staff answered questions. MOTION: Fung moved and Mistry seconded that the Planning Commission adopt the proposed draft resolution recommending that the City Council amend the City’s Zoning Map changing the zoning for APN 359 13 019 from R-3 to R-3/TH to ensure consistency with the 6th Cycle Housing Element. The motion carried with the following vote: Ayes: Fung, Lindskog, and Mistry. Noes: Madhdhipatla and Scharf. Abstain: None. Absent: None. OLD BUSINESS - None NEW BUSINESS - None STAFF AND COMMISSION REPORTS Piu Ghosh reported that the Allen Row project is complete, with several units sold and the City is waiting on resubmittals for other projects, which will be updated on the project website once received. Chair Fung reported his attendance at the Crest Awards and stated Commissioners Madhdhipatla and Mistry also attended the event. FUTURE AGENDA SETTING - None ADJOURNMENT At 8:29 p.m., Chair Fung adjourned the Regular Planning Commission Meeting. Minutes prepared by: _______________________________ Lauren Sapudar, Deputy City Clerk 8 PC 02-11-2025 8 of 168 of 16 CITY OF CUPERTINO Agenda Item 25-13691 Agenda Date: 2/11/2025 Agenda #: 2. Subject: Election of Planning Commission Chair and Vice Chair Elect Planning Commission Chair and Vice Chair CITY OF CUPERTINO Printed on 2/6/2025Page 1 of 1 powered by Legistar™9 PC 02-11-2025 9 of 169 of 16 Page 1 of 2 PLANNING COMMISSION STAFF REPORT Meeting Date: February 11, 2025 Subject Election of Planning Commission Chair and Vice Chair. Recommended Action Elect Planning Commission Chair and Vice Chair. Discussion Chair and Vice Chair: The Chair and Vice Chair are elected annually among the Commission members (CMC Section 2.32.040 1). The term for Chair and Vice Chair is for one year. While any Commissioner can be nominated and elected as the Chair, the Commissioners usually elects the sitting Vice Chair to succeed the outgoing Chair. The selection for Vice Chair has historically been based on seniority with rotation among Commissioners. The current Commissioners are listed below in order of term appointment and rotation: Name Term Date of Appointment Date Term Ending Steven Scharf Second January 2025 January 2029 David Fung First January 2023 January 2027 Seema Lindskog First January 2023 January 2027 Tracy Kosolcharoen First January 2025 January 2029 Santosh Rao First January 2025 January 2029 Planning Commission Committee Appointments: The Planning Commission usually selects a Commissioner to attend Housing Commission meetings in order to provide a brief summary of Housing Commission matters during the “Commission Reports” portion of the Planning Commission Agenda to keep the Commission informed. A Planning Commissioner appointee who attends a Housing Commission meeting is not a voting member and there is no associated term of office. Usually, the selection to be the Housing Commission attendee is determined by the level of interest of a particular Planning Commissioner. However, a selection is not required, and any Commissioner may attend a Housing Commission meeting since they are public meetings. Commissioner Lindskog was selected to be the Housing Commission representative for the past year. 1 1 CMC Section 2.32.040: The commission shall elect its Chairperson and Vice- Chairperson from among its members. The terms of the Chairperson and Vice-Chairperson shall be for one year. OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org 10 PC 02-11-2025 10 of 1610 of 16 Page 2 of 2 The Mayor's Meeting with Commissioners: Among other meetings of note and as information, the Mayor’s meeting is a bi-monthly meeting to report on Planning Commission matters. The meeting format alternates between in-person and remote attendance. Information is shared from the City Manager’s Office on these meetings. The meetings must be attended by the Chair. If the Chair is unavailable, the Vice-Chair may attend on behalf of the Chair. If neither is available, an alternate commissioner may be chosen to attend. This can be done on an as-needed basis and no action is required at this time. Prepared by: Piu Ghosh, Planning Manager Reviewed by: Michael Woo, Senior Assistant City Attorney Approved for Submission by: Luke Connolly, Assistant Director of Community Development Attachments: 1. Planning Commission 2024 meeting schedule 11 PC 02-11-2025 11 of 1611 of 16 CITY OF CUPERTINO Agenda Item 25-13678 Agenda Date: 2/11/2025 Agenda #: 3. Subject: 2025 Planning Commission meeting schedule Review the meeting schedule for 2025 (see Attachment 1) and consider changes CITY OF CUPERTINO Printed on 2/6/2025Page 1 of 1 powered by Legistar™12 PC 02-11-2025 12 of 1612 of 16 PLANNING COMMISSION STAFF REPORT Meeting Date: February 11, 2025 Subject 2025 Planning Commission meeting schedule. Recommended Action Review and adopt a meeting schedule for 2025 (see draft schedule Attachment 1) . Discussion The Municipal Code sets regular Planning Commission meetings on the second and fourth Tuesdays of each month at 6:45 p.m. Meetings can be adjourned to a date certain. Meetings can also be cancelled or continued pursuant to the Brown Act (Section 54955 - 54955.1 and 54956). Should the Commission decide to cancel any meetings now, a Special Meeting may be scheduled should any urgent matters arise.(CMC Section 2.32.050(A) 1). The regular meeting schedule for the 2025 calendar year (see Attachment 1 ) is attached, with proposed cancellation dates for consideration. Things to note in the calendar are: 1. The City Council’s Procedures Manual established the month of August as an annual recess period and therefore, no meetings are held in August. In order to align with the Council meeting schedule, in 2023 and 2024, the Planning Commission decided to take a recess as well. 2. Tuesday, November 11, 2025 is Veterans Day an observed holiday. The Municipal Code requires that Planning Commission meetings that fall on legal holidays be moved to the following day. As a result, the November 11, 2025 1 CMC Section 2.32.050(A): The City Planning Commission shall hold regular meetings on the second and fourth Tuesdays of each month at six forty-five p.m. and may adjourn any regular meeting to a date certain, which shall be specified in the order of adjournment and when so adjourned, such adjourned meeting shall be a regular meeting for all purposes. Such adjourned meetings may likewise be adjourned and any so adjourned meeting shall be a regular meeting for all purposes. City Planning Commission meetings that fall on legal holidays shall automatically be moved to the following day. OFFICE OF COMMUNITY DEVELOPMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 (408) 777-3308 • FAX (408) 777-3333 • planning@cupertino.org 13 PC 02-11-2025 13 of 1613 of 16 meeting is proposed to be moved to Wednesday, November 12, 2025. 3. In addition, the following meeting dates occur following a scheduled holiday. In the event the Commission wishes to consider flexibility in personal time off scheduling since there have been issues maintaining a quorum, the Commission may consider cancelling or rescheduling the followingmeetings:  May 27th (day after Memorial Day)  November 27th (2 days before Thanksgiving) – cancelled by Planning Commission (5-0) in 2024  December 23rd (Day before Christmas Eve) – cancelled by Planning Commission (5-0) in 2024 Staff recommends that the Commission decide whether to cancel any meetings and adopt the 2025 meeting schedule. Prepared by: Piu Ghosh, Planning Manager Reviewed: Michael Woo, Senior Assistant City Attorney Approved for Submission by: Luke Connolly, Assistant Director of Community Development Attachments: 1 – Planning Commission 2025 meeting schedule 14 PC 02-11-2025 14 of 1614 of 16 Planning Commission Meetings 2025 January Notes 1/1/2025: New Years Day 1/14/2025: Planning Commission Meeting 1/20/2025: Martin Luther King’s Birthday 1/28/2025: Planning Commission Meeting 1/29/2025: Lunar New Year February 2/11/2025: Planning Commission Meeting 2/17/2025: President’s Day 2/25/2025: Planning Commission Meeting March 3/11/2025: Planning Commission Meeting 3/25/2025: Planning Commission Meeting 3/31/2025: Cesar Chavez’s Birthday April 4/8/2025: Planning Commission Meeting 4/22/2025: Planning Commission Meeting May 5/13/2025: Planning Commission Meeting 5/26/2025: Memorial Day 5/27/2025: Planning Commission Meeting Day after Memorial Day June 6/10/2025: Planning Commission Meeting 6/19/2025: Juneteenth 6/24/2025: Planning Commission Meeting July 7/4/2025: Independence Day 7/8/2025: Planning Commission Meeting 7/22/2025: Planning Commission Meeting August August meetings cancelled in 2023 & 2024 to align with Council Recess 8/12/2025: Planning Commission Meeting City Council Recess month 8/26/2025: Planning Commission Meeting City Council Recess month September 9/1/2025: Labor Day 9/9/2025: Planning Commission Meeting 9/23/2025: Planning Commission Meeting October 10/14/2025: Planning Commission Meeting 10/28/2025: Planning Commission Meeting 15 PC 02-11-2025 15 of 1615 of 16 November 11/11/2025: Veteran’s Day 11/12/2025: Planning Commission Meeting Wednesday meeting per Ordinance – due to Veteran’s Day 11/25/2025: Planning Commission Meeting Thanksgiving Week 11/27/2025: Thanksgiving Day 11/28/2025: Day After Thanksgiving Day December 12/9/2025: Planning Commission Meeting 12/23/2025: Planning Commission Meeting Day before Christmas Eve 12/24/2025: Christmas Eve 12/25/2025: Christmas Day 12/31/2025: New Years Eve 16 PC 02-11-2025 16 of 1616 of 16