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
11/15/2023
Special Meeting
NOTICE IS HEREBY GIVEN that, pursuant to the provisions of California Government Code §54956 (“The Brown Act”) and Section 708 of the Santa Clara City Charter, the undersigned calls for a Special Meeting of the Planning Commission of the City of Santa Clara to commence and convene on November 15, 2023, at 6:00 pm for a Special Meeting in the City Hall Council Chambers located in the East Wing of City Hall at 1500 Warburton Avenue, Santa Clara, California, and via Zoom to consider the following matter(s) and to potentially take action with respect to them.
11/15/2023Planning Commission Meeting Minutes
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 SPECIAL MEETING
Call to Order
Chair Cherukuru called the meeting to order at 6:03 pm
Pledge of Allegiance and Statement of Values
Secretary Bouza read the Pledge of Allegiance and Statement of Values Roll Call
Staff announced that Commission Bhatnagar is expected to join the meeting shortly.
Commissioner Nancy A. Biagini, Chair Priya Cherukuru,
Commissioner Qian Huang, Commissioner Mario Bouza,
Commissioner Lance Saleme, and Commissioner Eric Crutchlow Present 6 -
Vice Chair Yashraj BhatnagarAbsent 1 -
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DECLARATION OF COMMISSION PROCEDURES
Secretary Bouza read the Declaration of Commission Procedures.
CONTINUANCES/EXCEPTIONS
None.
CONSENT CALENDAR
1.A 23-1339 Planning Commission Meeting Minutes of October 25, 2023 Meeting Recommendation: Approve the Planning Commission Meeting Minutes of the October 25, 2023 Meeting
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to Approve Item 1.A.
Aye: Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
6 -
Absent: Vice Chair Bhatnagar1 -
PUBLIC PRESENTATIONS
None.
PUBLIC HEARING
Due to technical difficulties, the meeting was offline between 6:18 - 6:23 pm
Commissioner Bhatnagar joined the meeting at 6:23 pm
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2. 22-1207 Public Hearing on the Recommendation to Adopt the Comprehensive Zoning Code Update (Second Meeting)
Recommendation: 1. Recommend that the City Council adopt an addendum to the City’s General Plan EIR for the Zoning Code Update, which is the primary implementation tool of the General Plan
2. Adopt a Resolution recommending that the City Council adopt General Plan Text Amendments related to the Zoning Code Update, including the removal of manufacturing limitations in the Low- and High-Intensity Office/R+D General Plan designations; allowing medical uses in the High-Intensity Office/R+D designation; and clarifying the definition of Floor Area Ratio.
3. Adopt a Resolution recommending that the City Council adopt the Zoning Code Update and give direction to staff to prepare a Zoning Code map for future adoption, and further recommending that selected sections of the Code be in effect prior to the adoption of a zoning Map, including changes associated with single family districts; reduced parking requirements; the Minor Use Permit process; Zoning Clearances; the simplified Outdoor Seating and Entertainment Permit process; and short-term rental regulations, subject to a nine-month grace period Principal Planner John Davidson provided the Staff presentation and provided an overview of actions that need to take place to adopt the Zoning Code Update.
In his presentation, Mr. Davidson explained that staff was updating its recommendation on the effective date of the Zoning Code. Rather than just have selected provisions of the Zoning Code take effect as initially proposed, staff was now proposing that all chapters except for Article 2 (Zones, Allowable Uses, and Development Standards) and the short-term rental regulations take effect immediately.
Commissioners inquired on many topics, including the state law limiting City authority to require parking in the vicinity of transit; how data centers would be permitted under the new Code; clarification on where tech parks would be allowed; questions regarding the regulation of billboards along 101 freeway; the prohibition on the usage of electric fences; and short term rental restrictions .
Public Speaker:
Keith Kaneko
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to close Public Hearing.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
11/15/2023Planning Commission Meeting Minutes
.
A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to approve Staff Recommendation 1.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
Public Hearing was briefly reopened to receive comments from Public Speaker Keith Kaneko. Public Hearing was then closed after public comments.
Staff announced there were technical difficulties occurring with the meeting YouTube streaming and that remote viewers could use Facebook, Zoom, Comcast Channel 15 and AT&T Channel in Santa Clara for viewing.
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to approve Staff Recommendation 2.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
11/15/2023Planning Commission Meeting Minutes
A motion was made by Commissioner Huang, seconded by
Commissioner Saleme, to Approve Staff Recommendation 3, to adopt the resolution marked as “Attachment 6” in the agenda report, to recommend adoption of the Zoning Code Update, with the alternate language allowing for regulated, monitored electric perimeter security fencing, with the revised effective date language distributed to the Planning Commission, and with the following additions requested by Chair Cherukuru:
1. Clarify the definition of “data center” so that it includes data warehouses
2. Add additional details to section 18.16.040.C on what constitutes “ancillary uses” in the High Intensity Office / Research & Development Area with respect to data centers, taking into account both square footage (either square footage or a percentage of the building area) and electrical demand.
3. In Table 2-12, change standalone data centers from a Permitted use to a Conditionally Permitted Use in the LO RD, HO RD, LI and HI zones. Ancillary data centers below the sf / power threshold would be Permitted.
4. Prohibit the use of Accessory Dwelling Units as short term rentals.
A friendly amendment was then requested by Commissioner Biagini: In section 18.34.060.E, to add the following additional underlined language to the second paragraph:
“The design, construction, and use of monitored perimeter security fence systems shall be allowed with a use permit, subject to the following requirements.”
The maker of the motion (Commissioner Huang) and the seconder (Commissioner Saleme) did not object to the friendly amendment, and it became a part of the motion.
Commissioner Crutchlow then requested that the Assistant City Attorney verify that the definition of electric fencing in 18.34.060 complies with Civil Code § 835 prior to taking the ordinance to Council. By consensus, the Commission assented to include this direction as part of the motion.
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Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
REPORTS OF COMMISSION/BOARD LIAISON AND COMMITTEE:
1. Announcements/Other Items
Chair Cherukuru announced the celebration of Diwali had recently taken place.
2. Commissioner Travel and Training Reports, Requests to attend Trainings Commissioner Crutchlow requested a Study Session on CEQA.
DIRECTOR OF COMMUNITY DEVELOPMENT REPORTS:
1. Planning Commission Budget Update
Staff Aide II Elizabeth Elliott provided budget updates.
2. Upcoming Agenda Items
Assistant Director of Community Development Reena Brilliot provided updates.
3. City Council Actions
Assistant Director of Community Development Reena Brilliot provided updates.
ADJOURNMENT:
The meeting adjourned at 9:40 pm. The next regular scheduled meeting is December 6, 2024.
11/15/2023Planning Commission Meeting Minutes
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.
11/15/2023Planning Commission Meeting Minutes
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.