PC 11-14-2023 Minutes (Final)
APPROVED MINUTES
CUPERTINO PLANNING COMMISSION
Tuesday, November 14, 2023
REGULAR MEETING
At 6:45 p.m. Chair Steven Scharf 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 Steven Scharf, Vice Chair Muni Madhdhipatla, and Commissioners David Fung,
Seema Lindskog, and Tejesh Mistry. Absent: None.
APPROVAL OF MINUTES
1. Subject: Approve the May 23 Planning Commission minutes.
Recommended Action: Approve the May 23 Planning Commission minutes.
MOTION: Madhdhipatla moved and Lindskog seconded to approve the May 23 Planning
Commission minutes. The motion carried with the following vote: Ayes: Scharf,
Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None.
POSTPONEMENTS – None
ORAL COMMUNICATIONS
San R discussed the frequency of Planning Commission meetings and informing the public on
planned projects.
WRITTEN COMMUNICATIONS – None
CONSENT CALENDAR – None
PUBLIC HEARINGS
Deputy City Clerk, Lauren Sapudar reviewed distribution of copyrighted material associated
with the review of development projects under SB 1214.
Planning Commission Minutes November 14, 2023
2. Subject: Municipal Code Amendment to Chapter 19.76 and a Conditional Use Permit and
Parking Exception for the use of a former public school site for a private K-9 educational
facility. (Application No.: MCA-2023-003; U-2023-002; EXC-2023-009 Applicant: City of
Cupertino; Grace Stanat on behalf of Tessellations; Location: BA-zoned (Public
Building) properties in Cupertino; 1170 Yorkshire Drive; APN# 362-08-001)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachments 1 through 3) recommending that the City Council:
1. Adopt the Municipal Code Amendment (MCA-2023-003);
2. Approve the Conditional Use Permit (U-2023-002); and
3. Approve the Parking Exception (EXC-2023-009)
Written Communications for this item included staff and applicant presentations and
emails to the Commission.
Commissioners disclosed ex-parte communications with the applicant prior to deliberation
on this matter.
Assistant Community Development Director Luke Connolly introduced the item and
Associate Planner Emi Sugiyama gave a presentation.
Applicant Grace Stanat, on behalf of Tessellations, gave a presentation.
Chair Scharf opened the public hearing and the following people spoke.
Vic Menon
Gill Doyle
Denise Menon
Bindeeya Desi
Carl Fong
Ravi Kuman
Chris Jew, representing Cupertino Union School District
Bill Kerr
Lakshmi Syer
Tatiana Mejia
San R
Mani Ramaswamy
Geetha Mohan
Ajith Dasari
V S
Jennifer Shearin, Parks and Recreation Commissioner (representing self)
Li Zhang
Planning Commission Minutes November 14, 2023
Babu Srinivasan
Michelle Dunn
Miroslava Preza
Mag L
Chris Gerlach
Chair Scharf closed the public hearing.
Commissioners asked questions and made comments.
1. MOTION: Lindskog moved and Mistry seconded to adopt the Municipal Code
Amendment (MCA-2023-003). The motion carried with the following vote: Ayes: Scharf,
Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None.
2. MOTION: Lindskog moved and Fung seconded to approve the Conditional Use Permit
(U-2023-002). The motion carried with the following vote: Ayes: Madhdhipatla, Fung,
Lindskog, and Mistry. Noes: Scharf. Abstain: None. Absent: None.
3. MOTION: Lindskog moved and Mistry seconded to approve the Parking Exception
(EXC-2023-009). The motion carried with the following vote: Ayes: Madhdhipatla, Fung,
Lindskog, and Mistry. Noes: Scharf. None. Abstain: None. Absent: None.
At 9:48 p.m., Chair Scharf recessed the meeting. The meeting reconvened at 9:57 p.m. with all
Commissioners present.
3. Subject: Conditional Use Permit Amendment and Architectural & Site Approval to
consider a modification of the original Main Street Use Permit (U-2008-01) for the addition
of a second floor within Shop 1 (TD Ameritrade). (Application No.: M-2022-003;
ASA-2023-009; Applicant: Main Street Cupertino Retail Property, LLC; Location: 19409
Stevens Creek Blvd. (APNs: 316-20-112)
Recommended Action: That the Planning Commission adopt the proposed draft
resolutions (Attachment 1 & 2) to:
1. Adopt the Third Addendum to an EIR and approve the Conditional Use Permit
Amendment (M-2022-003); and
2. Approve the Architectural and Site Approval Permit (ASA-2023-009).
Written communications for this item included a staff presentation and emails to the
Commission.
Planning Manager Piu Ghosh introduced the item and Senior Planner Gian Martire gave a
Planning Commission Minutes November 14, 2023
presentation.
Chair Scharf opened the public hearing and the following people spoke.
Jennifer Griffin
San R
Chair Scharf closed the public hearing.
Commissioners asked questions and made comments.
Staff, Consultant Kristy Weis with David J. Powers and Mike Rohde, representing Sand Hill
Property Company answered questions.
1. MOTION: Scharf moved and Fung seconded to adopt the Third Addendum to an EIR
and approve the Conditional Use Permit Amendment (M-2022-003).
FRIENDLY AMENDMENT: Lindskog made a friendly amendment to add an
additional requirement that five bike parking spaces be added per the Municipal Code
within 50 feet of the building entrance. (Scharf and Fung accepted the friendly
amendment).
The motion as amended carried with the following vote: Ayes: Scharf, Madhdhipatla,
Fung, Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None.
2. MOTION: Scharf moved and Fung seconded to approve the Architectural and Site
Approval Permit (ASA-2023-009). The motion carried with the following vote: Ayes:
Scharf, Madhdhipatla, Fung, Lindskog, and Mistry. Noes: None. Abstain: None.
Absent: None.
4. Subject: Proposed amendments to Municipal Code Chapter 19.12, Chapter 19.28 and
Chapter 19.112 regarding Two-Story Permit and Accessory Dwelling Unit (ADU) laws.
(Application No. MCA-2023-002; Applicant: City of Cupertino; Location: City-wide)
Recommended Action:
That the Planning Commission adopt the draft resolution (Attachment 1) recommending
that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
Planning Commission Minutes November 14, 2023
Written communications for this item included a staff presentation and emails to the
Commission.
Senior Planner Gian Martire gave a presentation.
Chair Scharf opened the public hearing and the following people spoke.
Jean Bedord
Jennifer Griffin
San R
Chair Scharf closed the public hearing.
Commissioners asked questions and made comments.
MOTION: Fung moved and Scharf seconded to adopt the draft resolution recommending
that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental
Quality Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU)
FRIENDLY AMENDMENT: Lindskog made a friendly amendment:
In Section 19.28.110(A)(5) Single-Family Residential Design Guidelines, mechanical and
other equipment shall be screened from the public right of way. (Fung and Scharf accepted
the friendly amendment)
FRIENDLY AMENDMENT: Mistry made a friendly amendment:
In Section 19.112, strike out reference to the additional height requirements that are within
half a mile of transit corridor so that all ADUs will be able to be up to 18 feet in height.
(Fung and Scharf accepted the friendly amendment).
FRIENDLY AMENDMENT: Lindskog made a friendly amendment:
In Section 19.112, replace up to three ADUs per lot in any combination of three Junior
ADUs, three Attached ADUs, three Detached ADUs or three Conversion ADUs. (Fung
accepted and Scharf declined the friendly amendment, and the amendment was not
included in the motion).
FRIENDLY AMENDMENT: Lindskog made a friendly amendment:
In Section 19.112, Non-streamlined ADUs per lot would be maximum of the number of
three ADUs and as many as the lot will allow. (Fung accepted and Scharf declined the
friendly amendment, and the amendment was not included in the motion).
The Commission did not vote on this motion.
Planning Commission Minutes November 14, 2023
SUBSTITUTE MOTION: Lindskog moved and Mistry seconded as modified to adopt the
draft resolution recommending that the City Council adopt an ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality
Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU),
Modifications:
1. In Section 19.28.110(A)(5) Single-Family Residential Design Guidelines, mechanical and
other equipment shall be screened from the public right of way;
2. In Table 19.112.030A(4), strike out reference to the additional height requirements that
are within ½ mile of transit corridor so that all ADUs will be able to be up to 18 feet in
height;
3. In Subsection 19.112.040A, Allow up to three Non-streamlined ADUs per lot and as
many as the lot will allow.
FRIENDLY AMENDMENT: Mistry made a friendly amendment to also Remove restrictions
related to proximity to major transit stop and transit corridor thresholds for ADU height and
second story allowances. (Lindskog accepted the friendly amendment).
FRIENDLY AMENDMENT: Scharf made a friendly amendment to continue with the
allowance of one Attached, one Detached, and one Junior ADU and not allow three of any
combination. (Lindskog accepted the friendly amendment).
The motion as modified carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung,
Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None.
MOTION SUMMARY: Linskog moved and Mistry seconded to:
Adopt the draft resolution (Attachment 1) recommending that the City Council adopt an
ordinance to:
1. Find that the proposed actions are exempt from the California Environmental Quality
Act (CEQA) and CEQA Guidelines; and
2. Amend the following:
a. Chapter 19.12, Administration, and
b. Chapter 19.28 Single-Family Residential (R-1) Zones.
c. Chapter 19.112, Accessory Dwelling Units (ADU);
Modifications:
1. Modify 19.28.110(A)(5) to read:
Mechanical, heating or cooling equipment or associated piping installed on the roof
shall be screened from the public right of way.
2. Table 19.112.030A(4): strike out reference to the additional height requirements that
are within ½ mile of transit corridor so that all ADUs will be able to be up to 18 feet
in height;
Planning Commission Minutes November 14, 2023
3. Table 19.112.030A(5), and 19.112.040(E) – Remove restrictions related to proximity to
major transit stop and transit corridor thresholds for ADU height and second story
allowances.
4. Modify Subsection 19.112.040A to read:
A maximum of three ADUs per single-family lot in any combination of the following,
subject to the underlying zoning standards for lot coverage, floor area, open space,
and setback:
a. No More than one attached ADU
b. No More than one conversion of existing space ADU (whether in principal
dwelling unit or existing accessory structure),
c. No More than one detached ADU, or
d. No More than one Junior ADU
The motion as modified carried with the following vote: Ayes: Scharf, Madhdhipatla, Fung,
Lindskog, and Mistry. Noes: None. Abstain: None. Absent: None.
OLD BUSINESS - None
NEW BUSINESS - None
STAFF AND COMMISSION REPORTS
Commissioners reported on their various activities and discussed upcoming events.
FUTURE AGENDA SETTING
Commissioners added the following future agenda items:
- Review objective standards before they are established (Lindskog, Scharf, Madhdhipatla)
- Balconies discussion (Scharf and Fung)
- Review Housing Element response from the state and provide input on their draft
(Unanimous)
ADJOURNMENT
At 11:41 p.m., Chair Scharf adjourned the Regular Planning Commission Meeting.
Minutes prepared by:
_____/s/Lauren Sapudar__________________________
Lauren Sapudar, Deputy City Clerk