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
11/06/2024
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:
https://santaclaraca.zoom.us/j/91729202898
Webinar ID: 917 2920 2898 or
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 Saleme called the meeting to order at 6:02 p.m.
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Pledge of Allegiance and Statement of Values
Secretary Crutchlow read the Statement of Values
Roll Call
Commissioner Yashraj Bhatnagar, Commissioner Nancy A. Biagini, Commissioner Qian Huang, Vice Chair Mario Bouza, Chair Lance Saleme, and Commissioner Eric Crutchlow
Present 6 -
Commissioner Priya CherukuruAbsent 1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Bouza to excuse Commissioner Cherukuru's
absence.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
DECLARATION OF COMMISSION PROCEDURES
Secretary Crutchlow read the Declaration of Commission Procedures.
CONTINUANCES/EXCEPTIONS
CONSENT CALENDAR
Chair Saleme moved the Consent Calendar to be heard before the Study Session.
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to approve the consent calendar.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
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1.A 24-1072 Action to Recommend City Council Adoption of a Resolution of Local Support for Transit-Oriented Communities Implementation Grants Recommendation: 1. Adopt a Resolution of Local Support for the City’s application for technical assistance grants related to ABAG’s Transit-Oriented Communities Policy; and
2. Recommend that the City Council Authorize the City Manager to execute all documents related to accepting the technical assistance grants.
1.B 24-1100 Planning Commission Meeting Minutes of October 23, 2024 Recommendation: Approve the Planning Commission Meeting Minutes of the October 23, 2024 Meeting.
STUDY SESSION
24-1115 Study Session on the Library Facilities Master Plan Recommendation: There is no recommendation. The purpose of this report is to support a Study Session on this topic and to receive input from the Planning Commission on the development of the City’s Library Facilities Master Plan.
Staff presentation was provided by City Librarian Patty Wong and the City's consultants from MSR Tracy Lesneski and Kristilyn Vercruysse.
Commissioners provided input on the goals for the needs of the Santa Clara community for new library facilities and programs. Comments included: easy access to public transportation, space for bicyclists, located near housing, socialization opportunities, cooking experiences, historical areas, and gardening opportunities.
PUBLIC PRESENTATIONS
None.
PUBLIC HEARING
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2. 24-1095 PUBLIC HEARING CONTINUANCE: Action on a Recommendation to City Council with respect to: an Environmental Impact Report and Mitigation Monitoring and Reporting Program, General Plan Amendment from High-Intensity Office/Research-and-Development to newly created Urban Center Mixed Use and Urban Center Residential Mixed Use land use designations, a Rezoning to PD - Planned Development, a Vesting Tentative Subdivision Map, and a Development Agreement for a Mixed Use Project at 3005 Democracy Way comprised of up to 1,800 units (approximately 1.8 million square feet of residential uses) , up to 3 million square feet of office/research-and-development, approximately 100,000 square feet of retail, and approximately 10,000 square feet of childcare facilities (“Option A”), with a project alternative (“Option B”) that allows for the flexibility of up to an additional 800 dwelling units (for a total of up to 2,600 residential units) with a corresponding reduction in office/research and development square footage to 2.2 million square feet.
Recommendation: 'Option A'
1. Adopt a resolution to recommend the City Council certify the Final EIR prepared for the Mission Point Project (SCH # 2018072068) and adopt a Mitigation Monitoring and Reporting Program, CEQA Findings, and a Statement of Overriding Considerations.
2. Adopt a resolution to recommend the City Council approve a General Plan amendment to add 2 new land use designations, Urban Center Mixed-Use (UCMU) and Urban Center Mission Point (UCMP), and to change the land use designation for the project site from High Intensity Office/Research & Development (HI O/R&D) to UCMU (Area D) and UCMP (Areas A, B, and C).
3. Adopt a resolution to recommend the City Council approve the Planned Development Rezoning from HO-RD - High-Intensity Office/Research and Development to PD - Planned Development.
4. Adopt a resolution to recommend the City Council approve a Vesting Tentative Subdivision Map.
5. Adopt a resolution to recommend the City Council adopt an ordinance to approving the Development Agreement.
Planning Manager Lesley Xavier provided the Staff Presentation.
Ben Tranel, Gensler provided the Applicant Presentation.
Public Speakers:
Mary Grizzle
Rick Franco
Doug Bloch
Danny Mangan
Armand Murrillo - Nor Cal Carpenters
Alex Shoor - Catalyze SV
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Ali - Housing Action Coalition
A motion was made by Commissioner Biagini, seconded by
Commissioner Bouza to close the public hearing.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Saleme, to Utilize “Option B” in subsequent motions.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Vice Chair Bouza1 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Huang to approve Staff Recommendation 1 with the revised resolution for Option B.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Vice Chair Bouza1 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Huang to Approve Staff Recommendation 2 with the revised resolution for Option B.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Vice Chair Bouza1 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini, to Approve a Rezoning of the Project Site from ML (Light Industrial) to PD (Planned Development) for the Project Site, with the revised resolution for Option B.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Vice Chair Bouza1 -
Excused: Commissioner Cherukuru1 -
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A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to Approve Staff Recommendation 4 with the revised resolution for Option B.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Vice Chair Bouza1 -
Excused: Commissioner Cherukuru1 -
Ms. Xavier then pointed out that Commissioner Crutchlow’s earlier motion, concerning the rezoning of the Project Site to PD, erroneously stated that the existing zoning was ML (Light Industrial), when in fact it is High Intensity Office / Research & Development (HO-RD).
A motion was made by Commissioner Crutchlow, seconded by Commissioner Bouza, to rescind the prior rezoning motion, and to approve Staff Recommendation 3, a rezoning from HO-RD - High-Intensity Office/Research and Development to PD - Planned Development, with the revised resolution for Option B.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to Approve Staff Recommendation 5 with revised resolution for Option B.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Vice Chair Bouza1 -
Excused: Commissioner Cherukuru1 -
A Motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow, to recommend that the City Council seriously consider additional parking in a way that better ensures a successful project, as the current consideration of 1:1, plus some shared parking with Levi’s Stadium and commercial entities, raises grave concerns with the Planning Commission.
Aye: Commissioner Biagini, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
4 -
Nay: Commissioner Huang1 -
Excused: Commissioner Cherukuru1 -
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Abstained: Commissioner Bhatnagar1 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow, to recommend that City Council include the language set forth in condition of approval G10 as a part of the development agreement: “The City encourages the Owner and any contractors or subcontractors working on the project to evaluate hiring local labor, hiring from or contributing to approved, accredited apprenticeship programs, increasing resources for labor compliance, and providing living wages during the development of this Project.”
Aye: Commissioner Bhatnagar, Commissioner Biagini, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
5 -
Excused: Commissioner Cherukuru1 -
Abstained: Commissioner Huang1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Bouza, to recommend that the Council engage with the State of California about the cumulative impact of
state-mandated high density housing policies on the environment and City resources, given concerns over long-term sustainability as available land and resources continue to diminish.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
5 -
Nay: Commissioner Huang1 -
Excused: Commissioner Cherukuru1 -
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3. 24-967 Public Hearing: Action on a Conditional Use Permit for a New Drive-through Restaurant (PLN22-00428) at 3575 Stevens Creek Boulevard (CEQA: Class 3 Categorical Exemption Section 15303).
Recommendation: 1. Determine that the project is categorically exempt from formal environmental review per Section 15303(c), New Construction or Conversion of Small Structures; and
2. Adopt a Resolution approving the Conditional Use Permit to allow a new drive-through restaurant at 3575 Stevens Creek Boulevard, subject to findings and conditions.
Meeting went into Recess at 8:59 p.m.
Meeting Reconvened at 9:10 p.m.
Senior Planner Steve Le provided the Staff Presentation.
Frank Coda, Greenbergfarrow provided the Applicant Presentation.
Public Speakers:
Tom Nelson - Colliers Parish
Traci Johnson
Royanna Gazlay
Chris Giangreco -
Public Speaker
Rob Mezzetti
Kara Mezzetti
John Faylor
A motion was made by Commissioner Biagini, seconded by
Commissioner Biagini to continue the meeting after 10 pm.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Biagini, seconded by Chair Saleme to close public hearing.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to Approve Staff Recommendation 1.
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Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Biagini, seconded by
Commissioner Crutchlow to amend hours for the drive thru to 5:00 a.m. to 9:00 p.m., Monday-Saturday, and 6:00 a.m. to 9:00 p.m.
Sunday.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
A motion was made by Commissioner Crutchlow, seconded by Commissioner Biagini to Approve Staff Recommendation 2, including the amended hours, an additional condition for a drive-through gate subject to City design approval; an additional condition setting trash collection for 7 a.m. – 5 p.m. Mon-Fri, 1-2 times per week; and a review 9 months after start of operations.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
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4. 24-968 Public Hearing. Action on a Variance Request (PLN24-00343) from the Sign Ordinance to Allow for a 48 Square Foot Internally Illuminated Freestanding Monument sign, a 16 Square Foot Halo-Illuminated Wall Sign, and a Seven & Half Square Foot Halo-Illuminated Real Estate Sign in a Residential Development at 3131 Homestead Road
Recommendation: 1. Determine the project is exempt from the California Environmental Quality Act (“CEQA”) per CEQA Guidelines section 15311 (Class 11 - “Accessory Structures”); and
2. Adopt a resolution approving a Variance from the Sign Ordinance to allow for a 48 square foot internally illuminated freestanding monument sign, a 16 square foot halo-illuminated wall sign, and a seven and a half square foot halo-illuminated real estate sign, subject to findings and conditions of approval for the property located at 3131 Homestead Road.
Meeting went into recess at 10:15 p.m.
Meeting reconvened at 10:20 p.m.
Chair Saleme recused himself from this item due to the proximity of his residence to the project address. Vice Chair Bouza acted as Chair for this item.
Assistant Planner Alex Tellez provided the Staff Presentation.
Applicant Michael Burch provided the Applicant Presentation.
Public Speakers:
Audrey Mitchell
Steve Quan
Sue Houchen
Jeff Z.
Audrey Ito
A motion was made by Commissioner Biagini, seconded by
Commissioner Huang to close public hearing.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, and Commissioner Crutchlow
5 -
Excused: Commissioner Cherukuru1 -
Recused: Chair Saleme1 -
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A motion was made by Commissioner Crutchlow, seconded by Commissioner Bouza to deny approval of the variance due to the size of the signs exceeding City standards without sufficient justification and the proposed lighting being incompatible with the surrounding neighborhood.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Vice Chair Bouza, and Commissioner Crutchlow
4 -
Nay: Commissioner Huang1 -
Excused: Commissioner Cherukuru1 -
Recused: Chair Saleme1 -
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
Staff Aide II Elizabeth Elliott provided budget updates.
2. Upcoming Agenda Items
Planning Manager Lesley Xavier provided updates.
3. City Council Actions
Planning Manager Lesley Xavier provided updates.
ADJOURNMENT:
The meeting adjourned at 11:05 p.m. The next regular scheduled meeting is December 11, 2024.
Aye: Commissioner Bhatnagar, Commissioner Biagini, Commissioner Huang, Vice Chair Bouza, Chair Saleme, and Commissioner Crutchlow
6 -
Excused: Commissioner Cherukuru1 -
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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.