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
06/12/2024
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
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 6:01 pm.
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Pledge of Allegiance and Statement of Values
Vice Chair Bhatnagar read the Statement of Values
Roll Call
Commissioner Huang joined the meeting at 6:19 pm.
Vice Chair Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Chair Priya Cherukuru, Commissioner Qian Huang, Commissioner Mario Bouza, Commissioner Lance Saleme, and Commissioner Eric Crutchlow
Present 7 -
DECLARATION OF COMMISSION PROCEDURES
Secretary Bouza read the Declaration of Procedures.
CONSINTUANCES/EXCEPTIONS
None.
PUBLIC PRESENTATIONS
Chair Cherukuru moved Public Hearing Items to be heard before the Consent Calendar.
2. 24-589 Public Hearing: Recommendation on an Amendment to the Zoning Code Implementing AB 1397 (2017) Relating to Affordable Housing Developments and Allowing “Use By Right” for Selected Projects Pursuant to the City’s Adopted Housing Element
Recommendation: 1. Adopt a resolution recommending that the City Council adopt the Zoning Code amendment to implement Action 9 of the Housing Element relating to “By Right” residential development pursuant to AB 1397.
Principal Planner John Davidson provided the staff presentation.
Commissioners asked clarifying questions including inquiries on SB937.
Assistant City Attorney Alexander Abbe commented he would provide details on the Senate Bill at an upcoming meeting.
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public hearing.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Cruthclow to approve staff recommendation
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Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
3. 24-540 Public Hearing: Action on a Conditional Use Permit (PLN24-00112) for a new unmanned telecommunication facility with indoor equipment storage area and a new 80-foot-tall monopine (Verizon Wireless) at 3536 Monroe Street
Recommendation: 1. Determine that the Project is categorically exempt from formal environmental review per Section 15303(d), New Construction of Utility Extensions, of the CEQA Guidelines; and
2. Adopt a Resolution to Approve a Conditional Use Permit to allow a new telecommunication facility at 3536 Monroe Street, subject to conditions of approval.
Associate Planner Daniel Sobzcak provided the staff presentation.
Commissioner Biagini inquired upon correspondence that was received on this item. Associate Planner Daniel Sobczak provided details on setbacks required for this project. Commissioner Saleme inquired if a collapse impact study had been done for this item.
Applicant was not available for inquiries. Chair Cherukuru provided direction to continue this item to later in the evening when the Applciant becomes available.
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4. 24-480 PUBLIC HEARING: Action on Conditional Use Permit (PLN23-00417) for the Conversion of an Existing Convent into Dormitory Style Housing at 2001 Lawrence Court.
Recommendation: 1. Determine that the project is categorically exempt from formal environmental review under Class 32 (Section 15332, In-Fill Development Projects) of the CEQA Guidelines; and
2. Adopt a Resolution to approve a Conditional Use Permit for the conversion of the existing convent into dormitory style housing at 2001 Lawrence Court, subject to findings and conditions of approval.
Assistant Planner Tiffany Vien provided the staff presentation.
Commissioners inquired upon several items including parking spaces, criteria for students to be eligible to reside in the housing, housing safety, and neighborhood outreach.
Applicant Geno Catalano spoke.
Father Mark spoke.
Public Speakers
Alan
A motion was made by Commissioner Biagini, seconded by
Commissioner Bhatnagar to close public comment
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to approve Staff Recommendation 1.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Saleme, and Commissioner Crutchlow
6 -
Abstained: Commissioner Bouza1 -
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A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to approve, Staff Recommendation 2 and to include the following additional conditions and modifications to existing conditions:
- The Applicant shall ensure that there is a sufficient security presence on the premises to monitor nighttime activities, to the satisfaction of the Director of Community Development.
- The Applicant shall provide visitor parking spaces in a quantity satisfactory to the Director of Community Development
- Modify condition P4 to read, “The student housing facility is to be reserved only for students that are part of the Santa Clara University, Excellence in Catholic Education and Leadership (ExCEL) Graduate program. Other than a resident assistant and/or building supervisor, no housing shall be provided to persons other than graduate students enrolled in the ExCEL program without first obtaining an amendment to the use permit. In addition, any significant modification to the focus of the ExCEL program shall require an amendment to the use permit.”
- In the event the applicant seeks any future amendment to the use permit, a minimum radius of 1000 feet, or a minimum of 25 properties, shall be used for public noticing, whichever reaches the greater number of recipients.
- Any reporting of incidents and concerns related to the use of property shall be brought to the responsible party for the diocese, as well as the church, and/or to the resident program administrator (RA). Contact information for the RA shall be made available for reporting of such disturbances/instances.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
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3. 24-540 Public Hearing: Action on a Conditional Use Permit (PLN24-00112) for a new unmanned telecommunication facility with indoor equipment storage area and a new 80-foot-tall monopine (Verizon Wireless) at 3536 Monroe Street
Recommendation:
1. Determine that the Project is categorically exempt from formal environmental review per Section 15303(d), New Construction of Utility Extensions, of the CEQA Guidelines; and
2. Adopt a Resolution to Approve a Conditional Use Permit to allow a new telecommunication facility at 3536 Monroe Street, subject to conditions of approval.
Item 3 resumed once the Applicant was in attendance.
Applicant Philip Decker spoke.
Commissioners inquired if other sites had been considered for the project, noise impacts of the project, and other items.
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close public comment.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to approve Staff Recommendation 1.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza, to approve staff recommendation 2 (approve a resolution to approve a Conditional Use Permit to allow a new telecommunication facility at 3536 Monroe Street, subject to conditions of approval), with the following modifications:
- Renumber conditions P3 through P6 as new conditions P4 through P7.
- Add a new Condition P3 to read, “Applicant shall obtain a collapse study from a contractor and in a form satisfactory to the Director of Community Development to demonstrate that the risk to properties within the collapse radius will be minimized. The Director shall have the discretion to require modifications to the design to reduce risks identified by the collapse study.”
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Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
5. 24-581 Public Hearing: Action on Conditional Use Permit (PLN23-00308) to Install Four Additional Emergency Generators at the McLaren Data Center Located at 737 Mathew Street
Recommendation: 1. Adopt a Resolution to adopt the Addendum to the 2018 Initial Study/Mitigated Negative Declaration for the McLaren Data Center; and
2. Adopt a Resolution to approve a Conditional Use Permit to install four additional emergency generators at the McLaren Data Center at 737 Mathew Street, subject to findings and conditions of approval.
Associate Planner Tiffany Vien provided the staff presentation.
Commissioners inquired upon the noticing of the project and the radius used and inquired upon ongoing noise monitoring.
Applicant Eric Wennstrom spoke.
Jenner Renk Land Use Counsel for Vantage spoke.
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to approve Staff Recommendation 1
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
Chair Cherukuru spoke about concerns of fewer jobs for the city due to approval of data centers and the City of Santa Clara is limiting opportunities for land use and advocated for mixed use projects that bring people onsite.
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to approve staff recommendation 2 , and with changes to the facility installation of diesel filter xxxx with modified language in paragraph 2.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Saleme, and Commissioner Crutchlow
6 -
Nay: Commissioner Bouza1 -
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6. 24-493 Election of Planning Commission Chair, Vice Chair and Secretary Recommendation: There is no staff recommendation.
The meeting went into recess at 8:15 pm and reconvened at 8:20 pm.
Commissioner Bouza nominated Commissioner Bhatnagar as Chair.
Commissioner Bhatnagar requested to have the nomination withdrawn due to work obligations.
Commissioner Bhatnager nominated Commissioner Saleme as Chair. The motion passed.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, and Commissioner Saleme
4 -
Nay: Commissioner Huang, Commissioner Bouza, and Commissioner Crutchlow
3 -
Commissioner Biagini nominated Commissioner Bouza as Vice Chair
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
Commissioner Huang nominated Commissioner Crutchlow as
Secretary.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
CONSENT CALENDAR
A motion was made by Commissioner Saleme, seconded by
Commissioner Biagini to approve the consent calendar.
Commissioners Bhatnagar, Biagini and Crutchlow abstained from voting on Item 1.C.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
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1.A 24-588 Review of the Proposed FY 2024/25 and FY 2025/26 Biennial Capital Improvement Program Budget for Conformity with the City of Santa Clara 2010-2035 General Plan
Recommendation: Adopt a Resolution making findings on the conformity of the Proposed FY 2024-2025 and FY 2025-2026 Biennial Capital Improvement Program Budget with the 2010-2035 General Plan.
1.B 24-592 Planning Commission Meeting Minutes of May 22, 2024 Recommendation: Approve the Planning Commission Meeting Minutes of the May 22, 2024 Meeting
The meeting went into recess at 8:15 pm and reconvened at 8:20 pm.
A motion was made by Commissioner Saleme, seconded by
Commissioner Biagini to approve Item 1.B.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
1.C 24-607 Planning Commission Meeting Minutes of May 24, 2023 Recommendation: Approve the Planning Commission Meeting Minutes of the May 24, 2023 Meeting
A motion was made by Commissioner Saleme, seconded by
Commissioner Biagini to approve Item 1.C.
Aye: Chair Cherukuru, Commissioner Huang, Commissioner Bouza, and Commissioner Saleme
4 -
Abstained: Vice Chair Bhatnagar, Commissioner Biagini, and Commissioner Crutchlow
3 -
PUBLIC HEARING
7. 24-614 Review of Planning Commission iPads
Recommendation: There is no staff recommendation.
Staff Aide II Elizabeth Elliott provided updates that IT has reviewed Commission iPads and that updated iPads are not needed at this time and a review can be made by IT in a year to reassess.
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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:
A motion was made by Chair Cherukuru to adjourn the meting. The meeting adjourned at 8:49 pm. The next regular meeting is on Wednesday, August 21, 2024.
Aye: Vice Chair Bhatnagar, Commissioner Biagini, Chair Cherukuru, Commissioner Huang, Commissioner Bouza, Commissioner Saleme, and Commissioner Crutchlow
7 -
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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.