City of Santa Clara
Meeting Minutes
Planning Commission
Draft
6:00 PM Hybrid Meeting
City Hall Council Chambers/Virtual
1500 Warburton Avenue
Santa Clara, CA 95050
04/12/2023
The City of Santa Clara is conducting Planning Commission meetings in a hybrid manner (in-person and continues to have 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.
Agendas, Staff Reports and associated documents for Planning Commission items may be viewed on the City's website at https://santaclara.legistar.com/Calendar.aspx 6:00 PM REGULAR MEETING
Call to Order
Chair Cherukuru called the meeting to order at 6:03 p.m.
Pledge of Allegiance and Statement of Values
Roll Call
Vice Chair Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Chair Priya Cherukuru, Commissioner Qian Huang, and Commissioner Lance Saleme
Present 5 -
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Commissioner Mario BouzaAbsent 1 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme, to approve Commissioner Bouza's absence.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Absent: Commissioner Bouza1 -
DECLARATION OF COMMISSION PROCEDURES
Secretary Bhatnagar read the Declaration of Commission Procedures.
CONTINUANCES/EXCEPTIONS
A motion was made by Commissioner Biagini, seconded by
Commissioner Huang to approve Item 1 - Continuance.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Excused: Commissioner Bouza1 -
1. 23-469 Continuance request on a Rezone to Planned Development for the First- and Second-story Addition at 1485 Bellomy Street
Recommendation: Staff recommends that the Planning Commission open the public hearing on this item and then immediately continue the proposed project to May 24, 2023.
CONSENT CALENDAR
A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to approve the Consent Calendar.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Excused: Commissioner Bouza1 -
1.A 23-506 Planning Commission Meeting Minutes of January 11, 2023 Meeting Recommendation: Approve the Planning Commission Minutes of the January 11, 2023 Meeting
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1.B 23-455 Action to allow the expansion of on-site sale and consumption of beer and wine (ABC License Type 41) for a 2,800 square foot restaurant and bakery located at 2339 El Camino Real and 2341 El Camino Real (CEQA:
Categorical Exemption, Class 1 Section 15301 Existing Facilities) Recommendation: Use of a Categorical Exemption per CEQA Class 1 Section 15301 Existing Facilities and Adopt a resolution approving a Use Permit to allow the on-site sale and consumption of beer and wine (ABC License Type 41) for a 2800 square foot food-service establishment, located at 2339 El Camino Real and 2341 El Camino Real, Santa Clara CA 95050, subject to conditions of approval
PUBLIC PRESENTATIONS
None.
PUBLIC HEARING
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2. 23-454 Public Hearing: Action on Amendment of Zoning Code Section 18.60.050 to Permit Fuel Cells and Photovoltaic Panels as an Allowable Use without Need for a Use Permit, as well as Require Other Electric Power Plants to Adhere to State of California Emissions Requirements in MP - Planned Industrial, ML - Light Industrial, MH - Heavy Industrial, B - Public, Quasi-Public, and Public Park or Recreation, and PD - Planned Development Zoning Districts.
Recommendation: Recommend that the City Council adopt the proposed Zoning Code Amendment to Section 18.60.050 to permit fuel cells and photovoltaic panels as an allowable use without need for a Use Permit as well as require other electric power plants to adhere to state of California emissions requirements in MP - Planned Industrial, ML - Light Industrial, MH - Heavy Industrial, B - Public, Quasi-Public, and Public Park or Recreation, and PD - Planned Development zoning districts.
Assistant Director of Community Development Reena Brilliot provided the Staff Presentation and introduced Kevin Kolnowlski, Electric Chief Operating Officer for Silicon Valley Power.
Commissioners asked clarifying questions about Bloom Energy and their settlement with the City.
City staff provided information on renewable energy sources.
Chair Cherukuru requested that the City act with caution when considering the proposed ordinance, as she was concerned it would limit the City’s ability to evaluate the potential impacts of fuel cell installations on the environment.
Public Speaker:
Javier Perez spoke in support of the Commissioner's desire to exercise caution
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to close Public Hearing.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Excused: Commissioner Bouza1 -
A motion was made by Commissioner Saleme, seconded by
Commissioner Huang to approve Staff Recommendation.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Commissioner Huang, and Commissioner Saleme
4 -
Nay: Chair Cherukuru1 -
Excused: Commissioner Bouza1 -
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A motion was made by Commissioner Cherukuru, seconded by Commissioner Biagini to recommend that the City Council fully evaluate environmental resources and impacts from this
amendment, and confirm that Staff will be able to validate and mitigate any impacts from the ordinance, including a review of biological resources, greenhouse gas emissions, aesthetics, land use, cultural resources, hazards and hazardous materials, mineral resources, tribal and cultural resources, air quality, geology and any impact to recreational and utility services.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Absent: Commissioner Bouza1 -
3. 23-468 Six-month Review of a Use Permit for the on-site sale and consumption of alcohol (ABC License Type 47) and the addition of Live Entertainment to the Use Permit for an existing banquet facility located at 2670 El Camino Real (CEQA: Class 1 Section 15301 Existing Facilities).
Recommendation: Adopt an updated resolution for a Conditional Use Permit allowing the on-site sale and consumption of alcohol (ABC License Type 47) and live entertainment in the Elite Event Center at 2670 El Camino Real.
Staff Presentation was provided by Senior Planner Steve Le.
Public Speaker:
Javier Perez spoke on behalf of the owner.
Commissioners commented on the number of complaints on this property.
Staff replied there have been 14 complaints in the last six months on this property which is unusual.
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme to close Public Hearing.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Excused: Commissioner Bouza1 -
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A motion was made by Commissioner Bhatnagar, seconded by Commission Huang to approve staff recommendation with the additional Condition that the Applicant shall ensure that the facility complies with the noise limitations set forth in Chapter 9.10 of the City Code at all times.
Specifically, the following noise limits shall apply:
• Commencing at 7:00 a.m. and ending at 10:00 p.m.: 65 dBA • Commencing at 10:00 p.m. and ending at 7:00 a.m.: 60 dBA
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, and Commissioner Saleme
5 -
Excused: Commissioner Bouza1 -
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:
1. Announcements/Other Items
2. Commissioner Travel and Training Reports, Requests to attend Trainings DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:
1. Planning Commission Budget Update
2. Upcoming Agenda Items
3. City Council Actions
ADJOURNMENT:
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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.
STREAMING SERVICES: As always, 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.
Note: The public cannot participate in the meeting through these livestreaming methods; livestreaming capabilities may be disrupted at times, viewers may always view and participate in meetings in-person and via Zoom as noted on the agenda.
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.
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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.