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Environmental Planning Commission

Regular Meeting

Mountain View, CA · April 19, 2023

AgendaMinutes

Minutes

City of Mountain View Minutes Environmental Planning Commission Wednesday, April 19, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro Street, Mountain View, CA 94041 This meeting was conducted with a virtual component. 1. CALL TO ORDER 2. ROLL CALL Present 6- Commissioner Chris Clark, Commissioner Bill Cranston, Commissioner Jose Gutierrez, Commissioner Alex Nunez, Vice Chair Hank Dempsey and Chair Joyce Yin Excused 1- Commissioner Preeti Hehmeyer 3. MINUTES APPROVAL Chair Yin introduced the item for discussion. Chair Yin opened the floor at 7:01 p.m. to public testimony, asking if anyone from the public wished to speak on this item. No members of the public wished to speak. Public testimony concluded at 7:02 p.m. MOTION - M/S Gutierrez/Cranston - That the Environmental Planning Commission approve the minutes of March 15, 2023 and March 22, 2023. The motion passed by the following vote: Yes: 6- Commissioner Clark, Commissioner Cranston, Commissioner Gutierrez, Commissioner Nunez, Vice Chair Dempsey and Chair Yin Excused: 1- Commissioner Hehmeyer 4. ORAL COMMUNICATIONS FROM THE PUBLIC Chair Yin opened the floor at 7:03 p.m. to public testimony, asking if anyone from the public wished to speak on anything not on the agenda. No members of the public wished to speak. Public testimony concluded at 7:04 p.m. City of Mountain View Page 1 Environmental Planning Minutes April 19, 2023 Commission 5. PUBLIC HEARING 5.1 Code Amendments to Chapter 36 (Zoning) of the City Code and the Downtown (P-19) Precise Plan to Repeal the Sidewalk Café Program and Replace it with a New Outdoor Patio Program as Applied to Private Property to Allow for Outdoor Dining and Merchandise Displays in conformance with Proposed Design Guidelines of the Downtown Mountain View Outdoor Patio Standards/Guidelines that Will Apply to the Public Right-of-Way Associate Planner Krisha Penolar and Assistant Community Development Director Lindsay Hagan gave an oral presentation. Associate Planner Penollar, Assistant Community Development Director Hagan, Public Works Director Dawn Cameron and Transportation Planner Aruna Boduna answered questions from the EPC. Chair Yin opened the floor at 9:12 p.m. to public testimony, asking if anyone from the public wished to speak on this item. The following member of the public spoke: • Silja Paymer MOTION - MS - Cranston/ Nunez - That the Environmental Planning Commission recommend the City Council: 1. Find the proposed amendments to Chapter 36 (Zoning) of the City Code and the Downtown (P-19) Precise Plan text amendments to be exempt under California Environmental Quality Act Guidelines Section 15061(b)(3) as the amendments modify design guidelines and procedures to already-existing outdoor activities and make other minor code reference updates to be consistent with Chapter 36. 2. Adopt an Ordinance of the City Council of the City of Mountain View Repealing Article XV of Chapter 36 (Zoning) of the Mountain View City Code to Repeal Sidewalk Cafes in the Downtown Area; Amending Section 36.44.65 (Development Review Procedures) Related to Outdoor Dining and Merchandise Displays; and Amending Other Sections of Chapter 36 for Consistency and Minor Amendments (Exhibit 1 to the EPC Staff Report). 3. Adopt a Resolution of the City Council of the City of Mountain View Amending the Downtown (P-19) Precise Plan to Add an Outdoor Activities Section Authorizing Outdoor Dining and Merchandise Displays on Private Property; Repeal and Replace Sidewalk Cafe References with Outdoor Activities, and Make Other Minor Amendments (Exhibit 2 to the EPC Staff Report). 4. In the Outdoor Patio Standards/Guidelines, consider flexibility in the sidewalk width clearance for side streets off of Castro Street, based on analysis of the effect on existing businesses. The motion passed by the following vote: City of Mountain View Page 2 Environmental Planning Minutes April 19, 2023 Commission Yes: 6- Commissioner Clark, Commissioner Cranston, Commissioner Gutierrez, Commissioner Nunez, Vice Chair Dempsey and Chair Yin Excused: 1- Commissioner Hehmeyer 6. COMMISSION/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS Advanced Planning Manager Eric Anderson announced the following; The Housing Element was adopted by City Council at last week's meeting and will be submitted to HCD in the upcoming days. April 22 is Earth Day celebration, along with starting outreach for Biodiversity Strategy & Urban Forest Plan. On April 25, the City Council will continue their Work Plan discussion, which the EPC provided a recommendation on. Advanced Planning Manager Eric Anderson provided an overview of development applications submitted to the City pursuing builder's remedy provisions of State Law. 7. ADJOURNMENT Chair Yin adjourned the meeting at 9:16 p.m. Respectfully submitted, Eric Anderson Advanced Planning Manager City of Mountain View Page 3

Agenda

City of Mountain View Agenda Environmental Planning Commission Wednesday, April 19, 2023 7:00 PM Council Chambers and Video Conference, 500 Castro Street, Mountain View, CA 94041 This meeting was conducted with a virtual component. 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES APPROVAL 3.1 Approve Meeting Minutes Recommendation: Approve the Environmental Planning Commission meeting minutes of March 15, 2023, and March 22, 2023. Attachments: March 15, 2023 EPC Minutes March 22, 2023 EPC Minutes 4. ORAL COMMUNICATIONS FROM THE PUBLIC This portion of the meeting is reserved for persons wishing to address the Commission on any matter not on the agenda. Speakers are allowed to speak on any topic for up to three minutes during this section. If there appears to be a large number of speakers, speaking time may be reduced to no less than 1.5 minutes. State law prohibits the Commission from acting on nonagenda items. City of Mountain View Page 1 Printed on 4/21/2023 Environmental Planning Commission Agenda April 19, 2023 5. PUBLIC HEARING 5.1 Code Amendments to Chapter 36 (Zoning) of the City Code and the Downtown (P-19) Precise Plan to Repeal the Sidewalk Café Program and Replace it with a New Outdoor Patio Program as Applied to Private Property to Allow for Outdoor Dining and Merchandise Displays in conformance with Proposed Design Guidelines of the Downtown Mountain View Outdoor Patio Standards/Guidelines that Will Apply to the Public Right-of-Way Recommendation: 1. Find the proposed amendments to Chapter 36 (Zoning) of the City Code and the Downtown (P-19) Precise Plan text amendments to be exempt under California Environmental Quality Act Guidelines Section 15061(b)(3) as the amendments modify design guidelines and procedures to already-existing outdoor activities and make other minor code reference updates to be consistent with Chapter 36. 2. Adopt an Ordinance of the City Council of the City of Mountain View Repealing Article XV of Chapter 36 (Zoning) of the Mountain View City Code to Repeal Sidewalk Cafes in the Downtown Area; Amending Section 36.44.65 (Development Review Procedures) Related to Outdoor Dining and Merchandise Displays; and Amending Other Sections of Chapter 36 for Consistency and Minor Amendments (Exhibit 1 to the EPC Staff Report). 3. Adopt a Resolution of the City Council of the City of Mountain View Amending the Downtown (P-19) Precise Plan to Add an Outdoor Activities Section Authorizing Outdoor Dining and Merchandise Displays on Private Property; Repeal and Replace Sidewalk Cafe References with Outdoor Activities, and Make Other Minor Amendments (Exhibit 2 to the EPC Staff Report). Attachments: Staff Report Exhibit 1 - Ordinance for Chapter 36 Amendments Exhibit 2 - Resolution for Precise Plan Amendments Exhibit 3 - Sidewalk Cafe Guidelines Exhibit 4 - Council Report dated June 9, 2022 Exhibit 5 - Council Report dated October 11, 2022 Exhibit 6 - Excerpt of Pedestrian Mall Guidelines 6. COMMISSION/STAFF ANNOUNCEMENTS, UPDATES, REQUESTS, AND COMMITTEE REPORTS No action will be taken on any questions raised by the Commission at this time. 7. ADJOURNMENT City of Mountain View Page 2 Printed on 4/21/2023 Environmental Planning Commission Agenda April 19, 2023 NOTICE TO THE PUBLIC: The agenda, reports, and any writings or documents provided to a majority of the Environmental Planning Commission regarding any item on this agenda are posted at https://mountainview.legistar.com under the meeting details for the date of this meeting. The agenda may also be viewed at City Hall, 500 Castro Street, the City Clerk's Office, 500 Castro Street, Third Floor and at the Mountain View Library, 585 Franklin Street, beginning at 4:30 p.m., or as soon thereafter as possible, prior to Wednesday Environmental Planning Commission meetings. Printed copies of the agenda, reports, and any writings or documents already provided to a majority of the Commission regarding any item on this agenda may be requested at the Community Development Department during normal business hours. The Environmental Planning Commission may consider and act on items listed on the agenda in any order and thus those interested in an item listed on the agenda are advised to be present throughout the meeting. It is the policy of the Environmental Planning Commission that all evening meetings of the Commission, including Study Sessions, be adjourned no later than 10:00 p.m., which time is referred to as the normal time of adjournment. No new item of business shall be taken up by the Commission after 10:00 p.m. unless the Commission has determined by majority vote to set aside this policy. In the event it appears that the entire agenda cannot be completed by the normal time of adjournment, the Commission may take up and act upon the more pressing agenda items. All agenda items not considered at the meeting shall be on the agenda of the next regular, special, or adjourned regular meeting unless the Commission directs otherwise. Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance in this meeting, please contact the Planning Board Clerk at (650) 903-6306 or by email at epc@mountainview.gov 48 hours prior to the meeting so the City can make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 35.160 (b) (1)). If you have a hearing or speech disability, please use the California Relay System at 711, TDD 650-967-0158 or 800-735-2929. The City of Mountain View does not discriminate on the basis of race, color, religion, national origin, sex, disability, age, source of income, gender, gender expression or identity, or any other State or Federal protected class in any of its policies, procedures or practices. This nondiscrimination policy covers admission and access to, or treatment or employment in, the City of Mountain View programs and activities. For inquiries regarding the nondiscrimination policy, please contact the City's Section 504 Coordinator at laurel.james@mountainview.gov or 650-903-6397. Computer-generated captioning of the Environmental Planning Commission meeting is unedited and should neither be relied upon for complete accuracy nor used as a verbatim transcript. City of Mountain View Page 3 Printed on 4/21/2023 Environmental Planning Commission Agenda April 19, 2023 ADDRESSING THE COMMISSION: Email comments to epc@mountainview.gov by 5:00 p.m. on the meeting date. Emails will be received directly by the Environmental Planning Commission. Please identify the Agenda item number in the subject line of your email. Requests to show an audio or video presentation during an Environmental Planning Commission meeting should be directed to epc@mountainview.gov by 4:30 p.m. on the meeting date. Anyone wishing to address the Commission in person must complete a yellow speaker card indicating the name you would like to be called by when it is your turn to speak and the item number on which you wish to speak. Please complete one yellow speaker card for each item on which you wish to speak. Virtual and in-person speakers will be called in order as determined by the Chair or their designee. An individual speaker shall have up to three minutes to address the Commission. For any agenda item or for Oral Communications on nonagenda items, if there appears to be a large number of speakers, the Chair may reduce speaking time to no less than 1.5 minutes per speaker unless there is an objection from the Commission by majority vote. If requested in advance of the public input portion of the agenda item to the Chair or dais staff, a speaker who represents five or more members of the public in attendance who complete cards but elect not to speak may have up to 10 minutes to address the Commission, if the Chair determines that such extension will reduce the total number of speakers who planned to speak. An applicant and/or appellant for a zone change, precise plan or quasi-judicial hearing shall have up to 10 minutes to address the Commission and, with the consent of the Commission, two minutes of rebuttal at the conclusion of all public speakers. The presiding officer may remove or cause the removal of any individual(s) for disrupting a meeting in accordance with California Government Code section 54957.95, as may be amended from time to time. In accordance with California Government Code section 54957.9, as may be amended from time to time, the Commission may order a meeting room cleared and continue in session in the event a meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of the meeting impossible, and order cannot be restored by the removal of individuals who are disrupting the meeting. Pursuant to Government Code Section 54954.3(b)(1), at least twice the allotted speaking time will be provided to a member of the public who utilizes a translator. City of Mountain View Page 4 Printed on 4/21/2023

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