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City Council

Regular Meeting

Sunnyvale, CA · September 8, 2021

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes City Council Wednesday, September 8, 2021 4:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session: 4:15 PM | Special Meeting - 5 PM 4:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020) and Section 42 of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 4:15 p.m. via teleconference. Roll Call Present: 6 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Omar Din Absent: 1 - Councilmember Alysa Cisneros Mayor Klein, Vice Mayor Hendricks and Councilmembers Larsson, Melton, Fong and Din attended via teleconference. Public Comment Public Comment opened at 4:17 p.m. No speakers. Public Comment closed at 4:17 p.m. Convene to Closed Session A 21-0894 Closed Session held pursuant to Paragraph (1) of subdivision (d) of California Government Code Section 54956.9: City of Sunnyvale Page 1 City Council Meeting Minutes September 8, 2021 CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: San Francisco Baykeeper v. City of Sunnyvale U.S. District Court, Northern Dist. of California Civil Case No.: 5:20-cv-00824-EJD Adjourn Special Meeting Mayor Klein adjourned the meeting at 4:59 p.m. 5 P.M. SPECIAL COUNCIL MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20 (March 17, 2020) and Section 42 of Executive Order N-08-21 (June 11, 2021), issued by Governor Newsom, the meeting was conducted telephonically. Mayor Klein called the meeting to order at 5:00 p.m. via teleconference. ROLL CALL Present: 6 - Mayor Larry Klein Vice Mayor Glenn Hendricks Councilmember Gustav Larsson Councilmember Russ Melton Councilmember Mason Fong Councilmember Omar Din Absent: 1 - Councilmember Alysa Cisneros Mayor Klein, Vice Mayor Hendricks and Councilmembers Larsson, Melton, Fong and Din attended via teleconference. CLOSED SESSION REPORT Vice Mayor Hendricks reported that Council met in Closed Session held pursuant to Paragraph (1) of subdivision (d) of California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION Name of case: San Francisco Baykeeper v. City of Sunnyvale U.S. District Court, Northern Dist. of California Civil Case No.: 5:20 cv 00824 EJD; nothing to report. City of Sunnyvale Page 2 City Council Meeting Minutes September 8, 2021 PUBLIC HEARINGS/GENERAL BUSINESS 1 21-0797 CALL FOR REVIEW OF THE PLANNING COMMISSION DECISION OF JULY 12, 2021 Proposed Project: Related applications on a 2.77-acre site: SPECIAL DEVELOPMENT PERMIT to redevelop a portion (easterly portion) of an existing shopping center (Fremont Corners) into a mixed-use development with 8,094 square feet of commercial space and 50, 4-story townhome-style condominiums with associated parking and site improvements including common open space. TENTATIVE MAP to subdivide the lot into 6 lots and 50 condominiums. Location: 166 E. Fremont Ave. (APN: 309-01-006) File #: 2020-7525 Zoning: C-1/PD (Neighborhood Commercial/Planned Development) Applicant/Owner: The True Life Companies/Fremont Corners Inc et al (applicant/owner) Environmental Review: Class 32 Categorical Exemption (Infill Development) Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Assistant Director of Community Development Andy Miner provided the staff report and presentation. Public Hearing opened at 6:13 p.m. Leah Beniston, Vice President – Entitlements, the True Life Companies and Bryan Wenter, Shareholder, Miller Starr Regalia provided the applicant report and presentation. Richard Mehlinger shared support for approving the proposed project and reported Livable Sunnyvale’s support for the project. He requested the City revisit existing parking standards. Mike Serrone communicated support for the proposed project and concerns whether the village center concept is viable when projects do not fully encompass a full village center location. City of Sunnyvale Page 3 City Council Meeting Minutes September 8, 2021 Galen Kim Davis, Livable Sunnyvale, reiterated the group’s endorsement for the project and his own support for replacing the existing buildings on the site. Kat Wortham voiced support for the project, the associated housing and ensuring a walkable project. Kelsey Banes, Regional Director, YIMBY Action, shared support for the project and the opportunity for family housing. Justin Wang, Advocacy Manager, Greenbelt Alliance, communicated the support of the Alliance for approving the proposed project, particularly the public open space. Cal Cornwell voiced support for the proposed project, the associated housing and the provided open space. Sam Liu requested the project be constructed without the use of pile drivers and questioned if the project is compatible with the neighborhood. Coleen Hausler shared support for the proposed project and revisiting the City’s parking requirements. Angus Liu reported the high cost of rent in Sunnyvale and communicated support for the proposed project. Public Hearing closed at 7:07 p.m. MOTION: Councilmember Melton moved and Mayor Klein seconded the motion to approve Alternative 2: Make the Findings to approve the California Environmental Quality Act (CEQA) determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 5 to the report and approve the Special Development Permit and Tentative Map subject to the findings in Attachment 3 to the report and Conditions of Approval in Attachment 4 to the report with the following modifications: - Remove the Condition of Approval related to native tree species and heritage trees; - Revise Condition of Approval PS-1 c) to include “As needed to meet minimum tree spacing, parking spaces may be modified to create planting wells consisting of two City of Sunnyvale Page 4 City Council Meeting Minutes September 8, 2021 adjacent triangular corners of up to three feet along the length and along the width of the parking space.”; and - Replace “Development Agreement” with “Developer Agreement” in Condition of Approval BP-11. The motion carried with the following vote: Yes: 5 - Mayor Klein Councilmember Larsson Councilmember Melton Councilmember Fong Councilmember Din No: 1 - Vice Mayor Hendricks Absent: 1 - Councilmember Cisneros ADJOURNMENT Mayor Klein adjourned the meeting at 7:33 p.m. City of Sunnyvale Page 5

Agenda

City of Sunnyvale Notice and Agenda City Council Wednesday, September 8, 2021 4:15 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Closed Session: 4:15 PM | Special Meeting - 5 PM Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Because of the COVID-19 emergency and the “shelter in place” orders issued by Santa Clara County and the State of California, this meeting of the Sunnyvale City Council will take place by teleconference, as allowed by Governor Gavin Newsom’s Executive Orders N-29-20 and N-08-21. • Watch the City Council meeting on television over Comcast Channel 15, AT&T Channel 99, at http://youtube.com/SunnyvaleMeetings or https://sunnyvaleca.legistar.com/calendar.aspx • Submit written comments to the City Council up to 4 hours prior to the meeting to council@sunnyvale.ca.gov or by mail to City Clerk, 603 All America Way, Sunnyvale, CA 94086. • Teleconference participation: You may provide audio public comment by connecting to the teleconference meeting online or by telephone. Use the Raise Hand feature to request to speak (*9 on a telephone): Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/96111580540 Meeting call-in telephone number: 833-548-0276 | Meeting ID: 961 1158 0540 Pursuant to the Americans with Disabilities Act (ADA) and Executive Order N-29-20, if you need special assistance to provide public comment, contact the City at least 2 hours prior to the meeting in order for the City to make reasonable alternative arrangements for you to communicate your comments. For other special assistance; please contact the City at least 48 hours prior to the meeting to enable the City to make reasonable arrangements to ensure accessibility to this meeting. The Office of the City Clerk may be reached at (408) 730-7483 or cityclerk@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)). City of Sunnyvale Page 1 Printed on 9/3/2021 City Council Notice and Agenda September 8, 2021 4:15 P.M. SPECIAL COUNCIL MEETING (Closed Session) Call to Order Call to Order via teleconference. Roll Call Public Comment The public may provide comments regarding the Closed Session item(s). If you wish to address the Council, please refer to the notice at the beginning of this agenda. Closed Sessions are not open to the public. Convene to Closed Session A 21-0894 Closed Session held pursuant to Paragraph (1) of subdivision (d) of California Government Code Section 54956.9: CONFERENCE WITH LEGAL COUNSEL-EXISTING LITIGATION Name of case: San Francisco Baykeeper v. City of Sunnyvale U.S. District Court, Northern Dist. of California Civil Case No.: 5:20-cv-00824-EJD Adjourn Special Meeting 5 P.M. SPECIAL COUNCIL MEETING Pursuant to Council Policy, City Council will not begin consideration of any agenda item after 11:30 p.m. without a vote. Any item on the agenda which must be continued due to the late hour shall be continued to a date certain. Information provided herein is subject to change from date of printing of the agenda to the date of the meeting. CALL TO ORDER Call to Order via teleconference. ROLL CALL CLOSED SESSION REPORT PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 2 Printed on 9/3/2021 City Council Notice and Agenda September 8, 2021 If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 1 21-0797 CALL FOR REVIEW OF THE PLANNING COMMISSION DECISION OF JULY 12, 2021 Proposed Project: Related applications on a 2.77-acre site: SPECIAL DEVELOPMENT PERMIT to redevelop a portion (easterly portion) of an existing shopping center (Fremont Corners) into a mixed-use development with 8,094 square feet of commercial space and 50, 4-story townhome-style condominiums with associated parking and site improvements including common open space. TENTATIVE MAP to subdivide the lot into 6 lots and 50 condominiums. Location: 166 E. Fremont Ave. (APN: 309-01-006) File #: 2020-7525 Zoning: C-1/PD (Neighborhood Commercial/Planned Development) Applicant/Owner: The True Life Companies/Fremont Corners Inc et al (applicant/owner) Environmental Review: Class 32 Categorical Exemption (Infill Development) Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Recommendation: Alternative 1: Make the required Findings to approve the California Environmental Quality Act (CEQA) determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 5 to the report and uphold the Planning Commission action to approve the Special Development Permit, and Tentative Map subject to the findings in Attachment 3 to the report and recommended Conditions of Approval in Attachment 4 to the report. ADJOURNMENT NOTICE TO THE PUBLIC The agenda reports to council (RTCs) may be viewed on the City’s website at City of Sunnyvale Page 3 Printed on 9/3/2021 City Council Notice and Agenda September 8, 2021 sunnyvale.ca.gov after 7 p.m. on Thursdays or in the Office of the City Clerk located at 603 All America Way, prior to Tuesday City Council meetings. Any agenda related writings or documents distributed to members of the City of Sunnyvale City Council regarding any open session item on this agenda will be made available for public inspection in the Office of the City Clerk located at 603 All America Way, during normal business hours and in the Council Chamber on the evening of the Council Meeting, pursuant to Government Code §54957.5. Please contact the Office of the City Clerk at (408) 730-7483 to access City Hall to view these materials and for specific questions regarding the agenda. PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on any public hearing item listed in this agenda, the issues in the lawsuit may be limited to the issues which were raised at the public hearing or presented in writing to the Office of the City Clerk at or before the public hearing. PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6 imposes a 90-day deadline for the filing of any lawsuit challenging final action on an agenda item which is subject to Code of Civil Procedure 1094.5. Planning a presentation for a City Council meeting? To help you prepare and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" available at http://Sunnyvale.ca.gov/PublicComments Planning to provide materials to Council? If you wish to provide the City Council with copies of your presentation materials, please provide 12 copies of the materials to the Office of the City Clerk. The City Clerk will distribute your items to the Council following the meeting. Upcoming Meetings Visit https://sunnyvaleca.legistar.com for upcoming Council, board and commission meeting information. City of Sunnyvale Page 4 Printed on 9/3/2021

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