County of Santa Clara Planning Commission DATE: TIME: PLACE:, Regular Meeting 1:30 PM Lower Level Conference Room 70 W. Hedding Street San Jose, CA 95110 MINUTES Notice to the Public The Planning Commission may take other actions relating to the issues as may be determined following consideration of the matter and discussion of the recommended actions. Opening 1. Call to Order/Roll Call. Attendee Name Title Status Arrived Marc Rauser Chairperson, Seat No. 1 Present Aimee Escobar Commissioner, Seat No. 2 Excused Scott Lefaver Commissioner, Seat No. 3 Present Kathryn Schmidt Commissioner, Seat No. 4 Present Aaron Resendez Commissioner, Seat No. 5 Present Dorsey Moore Commissioner, Seat No. 6 Present Debbie Cauble Vice Chairperson, Seat No. 7 Present 2. Public Comment Public Comment This portion of the meeting is reserved for persons desiring to address the Commission on any matter not on the agenda. Speakers are limited to three minutes, if there are 5 or fewer speakers; 2 minutes, if there are 6 to 14 speakers; and 1 minute, if there are 15 or more speakers. The law does not permit Commission action or extended discussion on any items not on the agenda except under special circumstances. Statements that require a response may be placed on the agenda for the next regular meeting of the Commission. Persons wishing to address the Commission on any item on the agenda are requested to complete a request to speak form and give it to the Deputy Clerk so the Chairperson can call on you when the item comes up for discussion. Page 1 of 6
There were no public comments. Approval of 3. Approve minutes of September 22 and November 17, 2016 First, the Commission considered the minutes of September 22, 2016. On motion of Commissioner Cauble, seconded by Commissioner Lefaver, the Commission voted to approve the minutes of September 22, 2016, as amended, to include Commissioner Cauble recommended a change to the text on Page 2, line 25, "On a motion by Commissioner Resendez and a second by Commissioner Moore, Actions a, b, and c were approved with the following conditions: occupancy..." to read, "On motion by Commissioner Resendez and a second by Commissioner Moore, the Commission voted to approve a) adopt the Mitigated Negative Declaration; and, b) approve the Use Permit, Architecture and Site Approval modification and Grading Approval with amendments to 1) Use Permit Condition 1, church and fellowship hall occupancy is limited to 361 persons at one time (plus up to 3 staff); 2) disclosure under the Use Permit that any sale or serving of alcohol is subject to permitting requirements of Alcohol and Beverage Control; and, 3) ASA Condition Number 9, add a sentence at the end of the condition that the westerly driveway entrance will remain closed and only be utilized for emergency access." Commissioner Schmidt requested a friendly amendment to the motion that the Use Permit Condition Number 6, annual status reports, include a list of non-church events, the size of those events, and that the annual status report include the reporting year and its number in succession of required years. Commissioner Cauble and Commissioner Lefaver accepted the friendly amendment. The vote was as follows: AYES: Rauser, Lefaver, Schmidt, Resendez, Moore, and Cauble ABSENT: Escobar Second, the Commission considered the minutes of November 17, 2016. On motion of Commissioner Lefaver, seconded by Commissioner Schmidt, the Commission voted to approve the minutes of November 17, 2016, as amended, to include Commissioner Schmidt recommended adding on Page 3, line 26, reflect that she Page 2 of 6
returned to the Chambers and participated in Item 5. Also, Commissioner Lefaver suggested that on Page 3, line 11, change "...nature of the issues before them..." to read, "nature of the project was not an issue before them..." and, on line 19, change "On motion of Commissioner Cauble, seconded by Commissioner Moore..." to read, "On motion of Commissioner Cauble, seconded by Commissioner Lefaver..." and, on Page 4, line13, change, "On motion of Commissioner Cauble, seconded by Commissioner Lefaver..." to read, "On motion of Commissioner Cauble, seconded by Commissioner Moore..." The vote was as follows: AYES: Rauser, Lefaver, Schmidt, Resendez, Moore, and Cauble ABSENT: Escobar 3 RESULT: APPROVED AS AMENDED [UNANIMOUS] MOVER: Debbie Cauble, Vice Chairperson, Seat No. 7 SECONDER: Scott Lefaver, Commissioner, Seat No. 3 AYES: Rauser, Lefaver, Schmidt, Resendez, Moore, Cauble ABSENT: Escobar Land Use Hearing Items 4. Public meeting to consider Annual Status Report No. 4 for the period July 1, 2015 to June 30, 2016 regarding compliance by Lehigh Southwest Cement Company with the 2012 Reclamation Plan Amendment conditions of approval, Mitigation Monitoring and Reporting Program (MMRP), annual SMARA inspections and financial assurance cost estimates for Permanente Quarry. File 2250-16PAM; Property Address/Location: 24001 Stevens Creek Blvd., Cupertino, CA 95014; Assessor's Parcel No. 351-09-013, -020, -022, -025; 351-10-005, -033, -037, -038; 351-11-001, -005, -006, -007, -081. (ID# 84182) Possible action: Accept or reject Annual Status Report No. 4 for Period July 1, 2015 to June 30, 2016. Christopher Hoem, Associate Planner, staff for the project, provided an overview of the status report including 1) reclamation activities from July 1, 2015 through June 30, 2016; 2) compliance with Conditions of Approval and MMRP; 3) SMARA inspections; 4) Financial Assurance Review; and, 5) the status of the East Materials Storage Area (EMSA), Pond 30, and French Drain proposed for completion at the end of December 2016. Additionally, he reported on interagency and community meetings for facilitating communications between community and regulatory agencies. Page 3 of 6
Mr. Hoem stated staff recommendation that the Commission accept the Annual Status Report Number 4 for period July 1, 2015 to June 30, 2016. He offered to answer any questions. Commissioner Schmidt requested that in future reports 1) the selenium chart, page 4, reference the applicable Basin Plan Standard, i.e., no more than 5 micrograms per liter; 2) in Financial Assurance Review include the financial assurance cost estimate for the reporting period and the most recent financial assurance cost estimate for informational purposes; 3) provide more identification on future maps, such as location of Pond 30; and, 4) notify the Planning Commission in advance of annual interagency and community meetings so that they can plan to attend. In response to an inquiry by Commissioner Moore regarding the lack of data representing discharge from late July to present, Planning Manager Eastwood clarified that the cut-off date in the report was set in the Conditions of Approval. Chairperson Rauser opened the public input portion of the item. Libby Lucas spoke to water quality, selenium, the East Material Storage Area (EMSA), and the Environmental Impact Report (EIR) process, and Rhoda Fry spoke to health and safety and oversight at Lehigh Quarry. Hearing no one else, Chairperson Rauser closed the public input portion of the item. On motion of Commissioner Cauble, seconded by Commissioner Moore, the Commission voted to accept the Annual Status Report No. 4 for the period July 1, 2015 to June 30, 2016 regarding compliance by Lehigh Southwest Cement Company with the 2012 Reclamation Plan Amendment conditions of approval, Mitigation Monitoring and Reporting Program. 4 RESULT: ACCEPTED [UNANIMOUS] MOVER: Debbie Cauble, Vice Chairperson, Seat No. 7 SECONDER: Dorsey Moore, Commissioner, Seat No. 6 AYES: Rauser, Lefaver, Schmidt, Resendez, Moore, Cauble EXCUSED: Escobar 5. Receive report from Chairperson. Other Business Page 4 of 6
There was no report. 6. Receive reports from Commissioners. Chairperson Rauser announced he attended the Santa Clara County Water District Board Meeting on December 13, 2016 regarding the Anderson Dam Seismic Retrofit Project. 7. Receive report relating to San Martin Planning Advisory Committee (SMPAC). (Rauser) There was no meeting for the month of December 2016. 8. Receive report from County Counsel. There was no report. 9. Receive report from Planning Manager. Planning Manager Rob Eastwood reported on items of interest to the Commission including 2017 Room Reservations and an update on the transition for Planning Commission to Minute Traq. At the request of the Commission, he advised that the clerk will schedule training to assist the Commission in making their decision for purchasing laptops versus tablets and Mac versus PC. He also announced the APA National Conference in New York City in May 2017 and requested Commissioners contact the clerk by the cut-off date at the end of January 2017 if they planned to attend. Commissioner Cauble suggested the Commission also take advantage of webinars offered through the APA website, usually free of charge. 10. Receive report relating to activities of the Department of Planning and Development. (Girard) Director Kirk Girard reported on activities of the Department which included personnel updates, Planning Office remodel, and appeals to the Board, 1) File 671, Church of the Redeemer, decision by Planning Commission September 22, 2016 and to be heard by the Board in January 2017; and, 2) File 10915, Stanford Escondido Graduate Housing, decision by the Planning Commission November 17, 2016, withdrawn. He also highlighted projects followed by the department which included the Pacific Gas and Electric (PG&E) substation in south county and an upcoming joint workshop with the Water Board regarding ground water contamination. Correspondence Page 5 of 6
11. Accept Correspondence There was none. Workshop - To begin No Earlier than 2:00 p.m. Accept presentation by Open Space Authority staff regarding the purpose and activities of the Santa Clara County Open Space Authority. Accepted presentation from the General Manager of the Santa Clara County Open Space Authority, Matt Freeman. Adjourn. Adjourn Hearing nothing further, the meeting was adjourned at 3:26 p.m. RESULT: ADJOURNED [UNANIMOUS] MOVER: Debbie Cauble, Vice Chairperson, Seat No. 7 SECONDER: Scott Lefaver, Commissioner, Seat No. 3 AYES: Rauser, Lefaver, Schmidt, Resendez, Moore, Cauble EXCUSED: Escobar Page 6 of 6