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Planning Commission - December 7, 2022 Minutes

City Council and Authorities Concurrent
January 31, 2023

Document
Planning Commission - December 7, 2022 Minutes
Meeting
January 31, 2023
Body
City Council and Authorities Concurrent
Pages
7
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Text extracted from the city's file for reading and search. Open the original on santaclara.legistar1.com. That file is the official record.

City of Santa Clara
Meeting Minutes
Planning Commission
FINAL
6:00 PM City Hall Council Chambers and via Zoom12/07/2022 The City of Santa Clara will be conducting Planning Commission meetings in a hybrid manner (in-person and virtual attendance). Pursuant to Government Code Section 54953(e) and City of Santa Clara Resolution 22-9150, Commissioners may teleconference from remote locations. The City continues to provide methods for the public to participate remotely:
• Via Zoom:
o https://santaclaraca.zoom.us/j/91729202898 Webinar ID: 917 2920 2898 or o Phone: 1(669) 900-6833
• Via the City’s eComment (available during the meeting) The public may view the meetings on SantaClaraCA.gov, Santa Clara City Television (Comcast cable channel 15 or AT&T U-verse channel 99), or the livestream on the City’s YouTube channel or Facebook page.

Public Comments prior to meeting may be submitted via email to [email protected] no later than noon on the day of the meeting; (Comments received after 12:00 PM on the day of the meeting will be made part of the public record but will not be read out loud during the meeting) and also before and during the meeting via eComment. Clearly indicate the project address, meeting body, and meeting date in the email.

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PUBLIC PARTICIPATION IN ZOOM WEBINAR: Please follow the guidelines below when participating in a Zoom Webinar:
- The meeting will be recorded so you must choose 'continue' to accept and stay in the meeting.
- If there is an option to change the phone number to your name when you enter the meeting, please do so as your name will be visible online and will be used to notify you that it is your turn to speak.
- Mute all other audio before speaking. Using multiple devices can cause an audio feedback.
- Use the raise your hand feature in Zoom when you would like to speak on an item and lower when finished speaking. Press *9 to raise your hand if you are calling in by phone only.
- Identify yourself by name before speaking on an item. - Unmute when called on to speak and mute when done speaking. If there is background noise coming from a participant, they will be muted by the host. Press *6 if you are participating by phone to unmute. - If you no longer wish to stay in the meeting once your item has been heard, please exit the meeting.
6:00 PM REGULAR MEETING
Call to Order
Secretary Bhatnagar called the meeting to order at 6:01 p.m.

Pledge of Allegiance and Statement of Values
Commissioner Biagini read the Statement of Values.

Roll Call
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Commissioner Qian Huang, Commissioner Mario Bouza, and
Commissioner Lance Saleme
Present 5 -
Chair Priya Cherukuru, and Vice Chair Ricci HerroAbsent 2 - A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to excuse Chair Cherukuru and
Commissioner Herro from the meeting.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
5 -

Absent: Chair Cherukuru, and Vice Chair Herro2 -

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DECLARATION OF COMMISSION PROCEDURES
Commissioner Biagini read the Declaration of Commission Procedures.

CONTINUANCES/EXCEPTIONS
None.

CONSENT CALENDAR
A motion was made by Commissioner Bouza, seconded by
Commissioner Biagini to approve the Consent Calendar.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
5 -
Excused: Chair Cherukuru, and Vice Chair Herro2 -

1.A 22-1494 Planning Commission Meeting Minutes of November 9, 2022 Meeting Recommendation: Approve the Planning Commission Minutes of the November 9, 2022 Meeting

1.B 22-1322 Action on a Variance Request from the Sign Ordinance and a Class 11 CEQA Categorical Exemption for the Size and Duration of Display for Three Temporary Vinyl Signs at 3600 Juliette Lane
Recommendation: Adopt a Class 11 Categorical Exemption Under CEQA Guidelines Section 15311 and adopt a resolution approving the variance allowing the increased sign area and duration for the display of three temporary vinyl signs at 3600 Juliette Lane.

1.C 22-1484 Action to adopt a Resolution to approve a Variance to rear accessory building setback and the accessory building setback from the main building, in order to allow a 68 square foot accessory building in the rear of a single-family residence at 2121 Sheraton Drive; and Action on a Section15301(e)(2) CEQA Categorical Exemption
Recommendation: Utilize a Class 1 CEQA Categorical Exemption under CEQA Guidelines Section 15301(e)(2) and adopt a resolution to approve the Variance to the Rear Accessory Building Setback and the Accessory Building Setback from the Main Building for a 68 square foot hobby hut

PUBLIC PRESENTATIONS
None.

PUBLIC HEARING

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2. 22-1428 Action on Use Permit and a Class 1 Categorical Exemption to allow on-site sale and service of beer and wine at a new full-service restaurant located at 2908 El Camino Real
Recommendation: Adopt Class 1 Existing Facilities Categorical Exemption under CEQA Guidelines Section 15301 and adopt a resolution approving a Use Permit to allow on-site sale and service of beer and wine at a new full-service restaurant located at 2908 El Camino Real.

Associate Planner Debby Fernandez provide the staff PowerPoint.

Applicant Sean Kang answered questions from Commissioners regarding traffic concerns for this proposed project.

A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public hearing.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
5 -
Excused: Chair Cherukuru, and Vice Chair Herro2 -
A motion was made by Commissioner Bouza, seconded by
Commissioner Saleme to approve Staff Recommendation

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
5 -
Excused: Chair Cherukuru, and Vice Chair Herro2 -

3. 22-1495 Discussion of Updated List (from November 9, 2022 Planning Commission Meeting) of Land Use Topics to Recommend to the City Council for Council Consideration
Planning Manager Lesley Xavier provided a PowerPoint presentation outlining the Commission discussion on this topic at the previous meeting.

Commissioners had a robust discussion to add additional items to the existing list. Some of the items discussed included:
- Blight due to projects taking a lengthy time to be completed; can a time limit be set a vacant building ordinance.
- Requirements to be established for empty buildings to prevent squatters - Request for Silicon Valley Power to provide another presentation to the Planning Commission
Planning Manager Lesley Xavier stated she will compile an updated list based upon Commissioner input and requests.

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4. 22-1497 Discussion of City Travel Policy (from November 9, 2022 Planning Commission Meeting) and Possible Recommendations
Commissioners provided the following input for possible changes to the City Travel Policy:

Local Travel policy is defined as 50 miles or less from location of travel and overnight accommodations are not permitted if travel is considered local.

Commissioners discussed that the commute could be a significant amount of time based upon the location of the Conference, for example, the commute to San Francisco would take a much longer time than a commute in a less commuter congested area.

Commissioners provided a suggestion that the Travel Policy should include a time element and not just a mileage element. Staff responded that this request will be provided to the City Manager for review and consideration.

REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:

1. Announcements/Other Items

2. Commissioner Travel and Training Reports, Requests to attend Trainings Commissioners thanked Staff Aide II Elizabeth Elliott for pursuing an exception to the Travel Policy for overnight accommodations at the upcoming CLE CEQA Conference taking place December 14-16, 2022 in San Francisco.

A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to expend funds for Commissioners to virtually attend the State of the Valley Conference taking place February 17, 2023 not to exceed $250.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
5 -
Excused: Chair Cherukuru, and Vice Chair Herro2 -
DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:

1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.

2. Upcoming Agenda Items

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3. City Council Actions
Planning Manager Lesley Xavier provided updates.

ADJOURNMENT:

A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to adjourn the meeting.

The meeting adjourned at 6:55 p.m. The next regular scheduled meeting is January 11, 2023.

Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
5 -
Excused: Chair Cherukuru, and Vice Chair Herro2 -

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The time limit within which to commence any lawsuit or legal challenge to any quasi-adjudicative decision made by the City is governed by Section 1094.6 of the Code of Civil Procedure, unless a shorter limitation period is specified by any other provision. Under Section 1094.6, any lawsuit or legal challenge to any quasi-adjudicative decision made by the City must be filed no later than the 90th day following the date on which such decision becomes final. Any lawsuit or legal challenge, which is not filed within that 90-day period, will be barred. If a person wishes to challenge the nature of the above section in court, they may be limited to raising only those issues they or someone else raised at the meeting described in this notice, or in written correspondence delivered to the City of Santa Clara, at or prior to the meeting. In addition, judicial challenge may be limited or barred where the interested party has not sought and exhausted all available administrative remedies.

If a member of the public submits a speaker card for any agenda items, their name will appear in the Minutes. If no speaker card is submitted, the Minutes will reflect "Public Speaker."
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Santa Clara will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities, and will ensure that all existing facilities will be made accessible to the maximum extent feasible. The City of Santa Clara will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities including those with speech, hearing, or vision impairments so they can participate equally in the City’s programs, services, and activities. The City of Santa Clara will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities.

Agendas and other written materials distributed during a public meeting that are public record will be made available by the City in an appropriate alternative format.

Contact the City Clerk’s Office at 1 408-615-2220 with your request for an alternative format copy of the agenda or other written materials.

Individuals who require an auxiliary aid or service for effective communication, or any other disability-related modification of policies or procedures, or other accommodation, in order to participate in a program, service, or activity of the City of Santa Clara, should contact the City’s ADA Coordinator at 408-615-3000 as soon as possible but no later than 48 hours before the scheduled event.

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