Planning Commission
Regular MeetingSunnyvale, CA · March 24, 2014
Minutes
City of Sunnyvale
Meeting Minutes - Final
Planning Commission
Monday, March 24, 2014 7:00 PM Chambers and West Conference Room, City Hall, 456
Council
W. Olive Ave., Sunnyvale, CA 94086
7:00 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE
ROOM
1 Training:
A Landscaping Plans: Appropriate Species
B Pedestrian and Bicycle Standards: City/VTA
2 Public Comment on Study Session Agenda Items
3 Comments from the Chair
4 Adjourn Study Session
8:00 P.M. PLANNING COMMISSION - PUBLIC HEARING - COUNCIL CHAMBERS
CALL TO ORDER
Chair Melton called the meeting to order at 8:00 p.m.
SALUTE TO THE FLAG
ROLL CALL
Present: 7 - Commissioner Ralph Durham
Commissioner Sue Harrison
Commissioner Larry Klein
Chair Russell Melton
Vice Chair Ken Olevson
Commissioner Ken Rheaume
Commissioner David Simons
PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS
CONSENT CALENDAR
1.A 14-0334 Approval of Draft Minutes of the Planning Commission Meeting of
March 10, 2014
MOTION: Comm. Simons moved to approve the draft minutes. Comm. Klein
seconded. The motion carried by the following vote:
City of Sunnyvale Page 1
Planning Commission Meeting Minutes - Final March 24, 2014
Yes: 6 - Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
Commissioner Rheaume
Commissioner Simons
No: 0
Abstained: 1 - Commissioner Durham
1.B 14-0313 File #: 2014-7096
Location: 822 Ponderosa (APN: 213-39-123)
Zoning: R-0 Low Density Residential
Proposed Project:
DESIGN REVIEW for a first-story addition of 115 square feet to
an existing two-story single family home resulting in 2,798
square feet (2,366 square feet living area and 432 square feet
garage) and a Floor Area Ratio of 45.8%.
Applicant / Owner: Frank Eveleno (applicant/owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
1.C 14-0311 File #: 2014-7088
Location: 1349 Elsona Court (APN: 320-08-037)
Zoning: R-1Low Density Residential
Proposed Project:
DESIGN REVIEW for a first-story addition of 375 square feet
and an attached open garden feature to an existing two-story
single family home resulting in 3,905 square feet (3,275 square
feet living area and 630 square feet garage) and a Floor Area
Ratio of 47.2%.
Applicant / Owner: Michelle Miner (applicant) / Kevin Martang
(owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
City of Sunnyvale Page 2
Planning Commission Meeting Minutes - Final March 24, 2014
1.D 14-0356 File #: 2013-8029
Location: 523 E. Homestead Rd. (APNs: 309-44-003, -049, -050)
Zoning: Low-Medium Density Residential / Planned Development
(R-2/PD) Zoning District
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow 9 single-family
homes
VESTING TENTATIVE MAP to create 9 ownership lots.
Applicant / Owner: S & S Construction / Louis Mariani Trustee
Environmental Review: Mitigated Negative Declaration
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
NOTE: No action required. Project has been re-advertised for April 14,
2014.
MOTION: Comm. Simons moved to approve the remaining items on the Consent
Calendar. Comm. Klein seconded. The motion carried by the following vote:
Yes: 7 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
Commissioner Rheaume
Commissioner Simons
No: 0
PUBLIC COMMENTS
PUBLIC HEARINGS/GENERAL BUSINESS
City of Sunnyvale Page 3
Planning Commission Meeting Minutes - Final March 24, 2014
2 14-0068 File #: 2013-7951
Location: 904 Primrose Avenue (APN: 213-25-012)
Proposed Project: An application on a 6,072 sq. ft. site:
DESIGN REVIEW: to allow first and second floor additions of
1,547 square feet, for a total of 3,334 square feet and 54.9%
floor area ratio.
Applicant/Owner: Dennis Shafer (applicant), Saumil and Jesika
Gandhi (owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Timothy Maier, (408) 730-7257,
tmaier@sunnyvale.ca.gov
Timothy Maier, Assistant Planner, presented the staff report.
Comm. Simons discussed with Mr. Maier the requirement for removal of the bay
windows from the design and how that would address the neighbor's privacy
concerns. Comm. Simons discussed with Trudi Ryan, Planning Officer, the second
story setback, and how removal of the bay windows would leave the rear of the
building a flat surface.
Comm. Rheaume discussed with Mr. Maier the Condition of Approval (COA)
regarding symmetry and window placement, and said he would support making the
changes on all sides of the home except for the north.
Comm. Harrison confirmed with Mr. Maier that the increased size of the front entry
was a collaborative proposal by the applicant and staff.
Vice Chair Olevson confirmed with Ms. Ryan that two-story homes are consistent
with other homes in the immediate area.
Comm. Durham confirmed with Mr. Maier that there is no plan to remove any trees.
Comm. Klein clarified with Mr. Maier the direction the proposed balcony would face.
Chair Melton confirmed with Mr. Maier that the proposed home would have the
biggest Floor Area Ratio (FAR) on Primrose. Chair Melton discussed with Ms.
Ryan the zoning of the development to the south, and said he is not comfortable
with the FAR. Chair Melton and Ms. Ryan discussed procedures to continue this
item.
City of Sunnyvale Page 4
Planning Commission Meeting Minutes - Final March 24, 2014
Chair Melton opened the public hearing.
Jesika Gandhi, the project applicant, gave a presentation outlining the reason for
remodeling her family's home and discussed the proposed home's features.
Comm. Harrison discussed with Ms. Gandhi the size of the front entry, and
confirmed with Ms. Gandhi that the utility room would be on the second floor and
that Ms. Gandhi would be amenable to upgrading all water fixtures to meet the new
CALGreen standards.
Comm. Simons confirmed with Ms. Gandhi that she is comfortable with the COA
requiring side windows to have more obscured vision to address privacy concerns.
Comm. Simons commented on the rear wall appearing as one flat panel without the
bay windows, and discussed with Dennis Schafer, the project architect, options for
breaking it up. Comm. Simons confirmed with Mr. Schafer that a second story
offset would add substantially to the cost of the remodel, and confirmed with the
applicants that they would be amenable to adding more landscaping.
Chair Melton discussed with the applicants options for reducing the size of the
home if the Planning Commission made overall reduction a requirement, and
discussed the applicants' preference for continuing the item over a denial.
Kjevd Svendsen, the applicant's neighbor, said he objects to the proposed project
because of the privacy issue it would create.
Vice Chair Olevson confirmed with Mr. Svendsen that he lives in a two-story home
and that Mr. Svendsen's objection to the project is primarily based on privacy
concerns.
Chair Melton closed the public hearing.
Comm. Rheaume moved Alternative 1 to approve the Design Review with the
attached conditions.
Comm. Durham seconded.
Comm. Rheaume said the other Commissioners were concerned with the FAR of
54.9% and that he would feel the same if the home were not backing up to the
Mangrove Villa homes. He said he understands the neighbor's concerns about
privacy but he thinks it will be alleviated by reducing the size of the windows. He
City of Sunnyvale Page 5
Planning Commission Meeting Minutes - Final March 24, 2014
said it is hard to buy property in Sunnyvale and that we are going to see more
people wanting to build up their existing homes. He said he was asked to reduce
the size of an addition to his home and that it is difficult when one has a particular
configuration, and to take off 100 square feet to look good in terms of the FAR does
not make much sense. He said he would not want to jeopardize the overall design
of the home, and that he likes the idea of adding the trellis and wood siding with
less stucco. He said the applicants have met all of the setback requirements,
including the second story even though it is bulky, and said he was able to make
the findings.
Comm. Durham said he also had concerns with the FAR and with how bland the
back of the building could be. He said when he looked at the property, the views
people will be getting in back are at more of an acute angle and that other nearby
two-story homes may have more issues with privacy. He said he thinks it is a pretty
decent plan, and thinks it makes sense to block in the front of the house to allow
access to the driveway and stairwell. He said taking a few square feet out of the
entryway to reduce the FAR will not make a major impact and is not worth doing,
and said he can make the findings for this project.
Comm. Simons offered as a friendly amendment that City staff and the applicants'
architect coordinate design elements that would break up the flatness of the rear
wall.
Comms. Rheaume and Durham accepted.
Comm. Simons offered as another friendly amendment the removal of the
requirement for the window reductions in the front.
Comms. Rheaume and Durham accepted.
Comm. Simons offered as a final friendly amendment that staff review any added
landscaping that would improve privacy.
Comms. Rheaume and Durham accepted.
Comm. Simons said he understands the neighbor's concern with expanding a
single-story house which may potentially create privacy issues. He said years ago
the City modified the potential for square footage in houses to allow smaller lots to
have the same expansion capability as larger lots, and the City did not want to
restrict smaller lots to having really small houses. He said he remembers the
purpose was to allow people who needed more square footage to expand rather
City of Sunnyvale Page 6
Planning Commission Meeting Minutes - Final March 24, 2014
than requiring them to move. He said even though he understands the concern
with increased density, the goal is also to allow people to stay and improve their
homes, and he said he believes that is the intent with this application. He said he is
sensitive to the privacy issues and that there will be window changes and the
removal of bay windows to address them. He said he thinks the look of house will
be better with some of the recommended changes.
Vice Chair Olevson said he will be supporting the motion, and that the
neighborhood is very mature but undergoing change. He said he is concerned that
a large ratio of home to lot will dramatically change the property, but thinks that it is
in Sunnyvale's best interest to encourage upgrading and continuous improvemnt of
the neighborhood. He said while the ratio is wrong with this home, it is sitting on a
small lot and this needs to be taken into account. He said he ran the numbers on
how many square feet would need to be lost and noted that if the lot was slightly
larger there would be no problem. He said that it is in Sunnyvale's best interest to
encourage upgrading rather than having residents go elsewhere while leaving the
problem for someone else.
Comm. Klein said he will be supporting the motion, and also had some concerns
about the FAR, but that during a site visit he found multiple two-story homes that
did not have the setbacks that are now in place which would change the
characteristics of the neighborhood. He said he understands the privacy issues
raised by the neighbor, and that with the friendly amendment to review the
lines-of-sight, the COAs in place to reduce the window sizes on the second story
and the applicants' willingness to add more landscaping, the privacy issues are
handled in many ways. He said this neighborhood, as with all of Sunnyvale, is in
transition, and that this home is a good addition. He said that the size of the lot is
the real problem, and that keeping additions from going on does not make sense.
Comm. Harrison said she will be supporting the motion and is persuaded by
reduction in cost of structurally putting one wall over another and keeping the lines
straight on the side and back. She offered a friendly amendment to have the other
water fixtures not proposed to be touched to be upgraded to meet CALGreen
standards.
Comms. Rheaume and Durham accepted.
Chair Melton said he will be supporting the motion, and that he too had concerns
that the proposed property and overall FAR were just too big, but that he is
convinced by the applicants' testimony and comments from the Commissioners that
this is the right thing to do for a neighborhood in transition. He said this is also the
City of Sunnyvale Page 7
Planning Commission Meeting Minutes - Final March 24, 2014
right thing to do for the City of Sunnyvale and provides a great opportunity to
redevelop and inject capital into the neighborhood. He said a year ago the
Planning Commission was reviewing a similar application, that the Planning
Commission had three public hearings and Council had two public hearings on the
topic. He said former Mayor Spitaleri stated that one really important thing to
consider when making a decision is families, the definition of which continuously
evolves even since the single-family homes design standards were adopted. He
said we can hold ourselves to those standards, but the fact is that families have
been growing and the definition may include parents and grandparents coming to
live with families and we need to adjust and evolve as well. He said he can make
the findings, and that while he understands the financial argument made by the
applicant, he is not persuaded by it. He said he was taught as a Planning
Commissioner to not take into account the financial considerations of the applicants
and that Commissioners have to do what is best for the City. He said the privacy
concerns will be mitigated and addressed, that this will be a nice addition to the
neighborhood, and that he looks foward to the project's completion.
MOTION: Comm. Rheaume moved Alternative 2 to approve the Design Review
with modified conditions:
1) City staff and the applicant’s architect coordinate a design to break up the
flatness of the rear wall;
2) The condition for the windows in the front of the home does not require a
reduction in size;
3) Staff review any potential landscaping added to improve privacy; and
4) Upgrade all water fixtures to meet CALGreen standards.
Comm. Durham seconded. Motion carried by the following vote:
Yes: 7 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
Commissioner Rheaume
Commissioner Simons
No: 0
City of Sunnyvale Page 8
Planning Commission Meeting Minutes - Final March 24, 2014
3 14-0221 File #: 2014-7087
Location: 1604 Vireo Avenue (APNs: 313-42-031 )
Zoning: R-0 (Low Density Residential) Zoning District
Proposed Project:
DESIGN REVIEW to allow an 837-square foot first and second
story addition to a single family home resulting in 3,017 square
feet (2,617 square feet of living area and a 400 square foot
garage) and 48.1% Floor Area Ratio.
Applicant / Owner: Dan Fritschen
Environmental Review: Categorically Exempt Class 1
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
Trudi Ryan, Planning Officer, presented the staff report.
Vice Chair Olevson confirmed with Ms. Ryan that this item has come to the
Planning Commission because the Floor Area Ratio (FAR) exceeds the 45%
threshold.
Chair Melton opened the public hearing, and upon seeing no speakers for the item,
Chair Melton closed the public hearing.
Comm. Klein moved Alternative 1 to approve the Design Review with the conditions
in Attachment 4.
Comm. Durham seconded.
Comm. Klein said he was able to make the findings, and that the design looks like it
will fit in well with the neighborhood. He said as opposed to the previous project
heard, which had a larger FAR, this project barely exceeds requirements from a
review standpoint. He said he was able to make the findings and looks forward to
the project moving forward.
Comm. Durham said he thinks the project will be a good addition, and sees no
essential changes in the basic footprint. He said this is a fairly small addition to the
second floor in a neighborhood that looks like it is going that way. He said he may
have had some objections if some of the rear yard was lost, but he will be
supporting the motion.
Vice Chair Olevson said he can support the project which is in an area of
Sunnyvale that has a variety of styles and sizes of homes. He said it looks like the
applicant has done a good job of staying within the parameters, except for the FAR,
which is just 200 square feet larger than it would have been if it had just gone
City of Sunnyvale Page 9
Planning Commission Meeting Minutes - Final March 24, 2014
through staff and not the Planning Commission. He said he can support the project
easily.
Chair Melton said he will be supporting the motion and can make the findings. He
said when he visited the site he bumped into the applicant who was on the roof
showing his daughters what the second story addition might look like. He said what
we have here is a great neighbor in a great neighborhood and that this is going to
be a fantastic addition. He said he wishes the applicant the best and looks forward
to seeing the project come about.
MOTION: Comm. Klein moved Alternative 1 to approve the Design Review with the
conditions in Attachment 4. Comm. Durham seconded. The motion carried by the
following vote:
Yes: 7 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
Commissioner Rheaume
Commissioner Simons
No: 0
City of Sunnyvale Page 10
Planning Commission Meeting Minutes - Final March 24, 2014
4 14-0154 Introduce an Ordinance to Create Chapter 19.47 (Off-Site Stadium
Event Parking) of Title 19 of the Sunnyvale Municipal Code to Add
Off-Site Parking Standards and Regulations Related to Levi’s (49ers)
Stadium (2014-7021)
Amber El-Hajj, Senior Planner, presented the staff report.
Comm. Klein clarified with staff the zoning district that this ordinance would apply
to, and discussed with Ms. El-Hajj prohibiting both tailgating and the sale of food in
the offsite parking lots. Comm. Klein and staff discussed the permit appeal
process. Comm. Klein confirmed with Trudi Ryan, Planning Officer, that there are
no other use permits that cannot be appealed. Ms. El-Hajj discussed the response
from the community. Comm. Klein confirmed with Ms. El-Hajj that San Francisco
does not currently have an offsite parking ordinance.
Comm. Durham discussed with Ms. El-Hajj whether the number of parking spaces
needed for the stadium includes the staff who will work there, and confirmed with
Ms. El-Hajj that the Environmental Impact Report (EIR) for the stadium did not
include bike parking data. Comm. Durham and Ms. El-Hajj also discussed the
number of lots potentially affected that are adjacent to residential properties, and
confirmed that the Department of Public Safety is working on having road block
signs and limited access areas.
Vice Chair Olevson discussed with staff the rationale behind prohibiting valet
parking. Vice Chair Olevson noted that the elimination of tailgating may encourage
people to wait until the last minute to arrive, thereby creating traffic chaos. Ms.
El-Hajj said Santa Clara is allowing tailgating in all of their lots. Vice Chair Olevson
said he would like to see a process of appeal.
Comm. Rheaume confirmed with Ms. El-Hajj that the standard Miscellaneous Plan
Permit (MPP) application review fee would apply to those wanting to offer parking in
private lots. Comm. Rheaume confirmed with Ms. Ryan that offsite signage for the
lots would not be allowed and that parking in the lots would have to be advertised
another way. Comm. Rheaume confirmed with Ms. El-Hajj that the City of San
Jose is not considering a similar ordinance, and Ms. El-Hajj added that the concern
stems from people not wanting to pay $40 for parking and attempting to park in
Sunnyvale for free and then walking to Tasman to get to the stadium. Ms. Ryan
displayed the City zoning map and demonstrated the proximity of the stadium to
City boundaries.
Comm. Simons commented on the lack of sidewalks on Tasman, and said
evaluating this during the first year will not cut it because the worst case will occur
City of Sunnyvale Page 11
Planning Commission Meeting Minutes - Final March 24, 2014
during the Superbowl. He discussed alternatives for the tailgating prohibition which
could potentially produce funding for City programs. Comm. Simons and Ms.
El-Hajj discussed the ordinance that the Department of Public Works is working on
and Ms. El-Hajj said it would include security in the neighborhoods. Comm.
Simons confirmed with Ms. El-Hajj that permits would not be approved for parking
in private lots if proposed to occur during regular business hours.
Comm. Harrison confirmed with Ms. El-Hajj that the final draft of Santa Clara's
transportation operational plan is not yet complete. Comm. Harrison commented
on Santa Clara contracting out for the additional parking spaces. Ms. Ryan noted
that Santa Clara should take care of parking for their stadium, but that the City of
Sunnyvale should be prepared for the first event. Comm. Harrison confirmed with
Ms. El-Hajj that Santa Clara would not be adding a sidewalk on Tasman in
Sunnyvale and that the City is not asking business owners to set up a new
business to manage parking, but is giving them the opportunity to do so.
Comm. Durham confirmed with Ms. El-Hajj that the 49ers have agreed to have no
weekday events for the first year.
Comm. Klein confirmed with Ms. El-Hajj that after a permit is revoked, the standard
time for approval of the reapplication would be two weeks.
Chair Melton opened the public hearing and upon seeing no speakers for the item,
closed the public hearing.
Comm. Klein discussed the lack of funding for improvements to the Woods
neighborhood and Tasman Drive, and asked if there is a potential program for
application fees to create funding. Ms. Ryan clarified that for a development review
the City can only charge for the cost of reviewing the permit.
Comm. Simons and staff discussed developing a list of those who have permits
and will be providing parking, and Ms. El-Hajj said where to post the information
would be up to the Communications Division.
Comm. Klein moved Alternatives:
2) Direct staff to monitor the ordinance and parking and return to Council in
one year (or sooner if necessary) to discuss the regulations and provide
suggested modifications as needed; and
3) Introduce an ordinance with modifications:
a. That the revocation of the permit be appealable to the Planning
Commission.
City of Sunnyvale Page 12
Planning Commission Meeting Minutes - Final March 24, 2014
Vice Chair Olevson seconded.
Comm. Klein said he understands that staff is trying to deal with all possible issues
in an unknown situation, and said he is surprised that neither San Francisco nor
Oakland has had to deal with an offsite parking ordinance. He said before this
goes to City Council, he suggests staff look around for a similar ordinance. He said
he has some issues with the tailgating limitation as tailgating spreads out fan arrival
times and said that it is one thing to prohibit cooking and barbecuing and another to
prohibit loitering in a parking lot where multiple caravans meet. He said
encouraging people to gather is a good thing in terms of the camaraderie and that
many times friends have to sit in different areas of the stadium. Comm. Klein
reiterated that the tailgating portion is very restrictive and hopes it will be revisited
as a priority in one year. He said looking into having tailgating with food trucks may
reduce the likelihood of people cooking, and that lessening the tailgating wording
so people could congregate and spread time out makes sense. He said it is heavy
handed to say one person makes the decision regarding an appeal and would
prefer the option to have the revocation of a permit to be appealable to the
Planning Commission so permit holders can make their case to a wider audience.
He said he worries about the lack of signage and direction for people to find
parking, and that free street parking will be a common location. He said charging
$40-50 for a parking spot will encourage people to find free parking, and he hopes
staff will look into notification of where parking can be found on event days on the
City website. He said he also worries that there may not be a good ordinance in
place to deal with the impact of people parking on the street, of shuttle buses not
having a direct path to light rail stations or other public transit. He said staff should
look into funding improvements to the Woods and Tasman areas regardless of
whether or not Santa Clara responds. He said people will be walking in the street,
which will become an issue very quickly, and as much as having the stadium
nearby will be a boon for local hotels and business, we will also have the nightmare
of trying to handle game day in the community. He said this is a good first attempt
and looks forward to its development over the next year.
Vice Chair Olevson said he will be supporting the motion for the ordinance with the
modification to allow the appeal for revocation to the Planning Commission. He
said he has concerns with planning for the future via guess work, but that we do not
know the impact this will have. He said Santa Clara has 21,000 spaces and is
negotiating 30,000 spaces, and all of this will be moot by the time the first game
comes along. He said he is willing to support the modified ordinance because we
need to be cautious, and that because Santa Clara is paying us for enforcement
but not traffic control, we need to make this work.
City of Sunnyvale Page 13
Planning Commission Meeting Minutes - Final March 24, 2014
Comm. Rheaume said he is having trouble supporting the motion, and that while he
appreciates staff's work and concern, he thinks we can keep this simple by waiting
a year and seeing how Santa Clara responds. He said if word gets out to fans that
you cannot park in Sunnyvale now it may set precedence that you cannot park in
Sunnyvale ever, and that while it is hard to control that, it could put pressure on
Santa Clara to meet their responsibilities for this stadium. Comm. Rheaume
offered a friendly amendment to limit this to include just the Woods neighborhood to
see how this would impact the City for the first year. Comm. Klein declined the
friendly amendment and said he thinks those neighborhoods are key to
understanding how they will be affected because they are so close, and that the
biggest issue is people who plan ahead will park in Moffett and people who do not
will find the Woods.
Comm. Durham said he can find for this potential ordinance, and that there will be
people who will arrive late and want to find parking quickly. He said if people are
allowed to park in Sunnyvale for half or three quarters of the cost of parking in
Santa Clara they may do the math and decide it is better to arrive early and park in
Santa Clara. He said he is hoping there will not be a lot of overflow into Sunnyvale,
and that he thinks this is a proactive step. He said he would hate to see that after
the first few games we have a flood of parking and no plan to deal with it. He said
we have a good start here with plans to fine tune the limitation and definition of
tailgating later, so he will be supporting the motion.
Comm. Simons thanked staff for a great effort, and said he will be voting against
this because of his one major concern that we may be creating businesses that are
invisible unless one is driving around looking for signs. He said he would like to
see funding so that people who are looking for parking can find a list of companies,
which may not always be open but can be called to confirm availability. He said
this should be built into any process like this so we are not creating hidden
businesses.
Comm. Harrison confirmed with Ms. El-Hajj that if staff denies a permit it is
appealable under normal MPP rules. Comm. Harrison said she will be supporting
the motion and appreciates staff's time and dedication. She said this is a good first
step, and that she also really questions the tailgating and valet prohibitions and
hopes they will be looked at after a period of evaluation.
Chair Melton said he will be supporting the motion and thanked staff for a really
well thought out report. He said we have heard Ms. El-Hajj say repeatedly that the
primary mission is to protect Sunnyvale, and that we have a massive thing going on
City of Sunnyvale Page 14
Planning Commission Meeting Minutes - Final March 24, 2014
in the next city and we need to look at what is best for Sunnyvale. He said he is not
as concerned with the tailgating issue and has faith that it will be addressed in the
subsequent iteration. He said it was a close call with regard to the appealability of
permit revocation, and that while his preference would have been to leave it as a
unilateral decision for the Director of the Community Development Department, he
was convinced by Comm. Klein's comments that this is a good way to go. He said
we will be looking at this again in 12 months anyway, so it is not as though any
decision made now will have major, long-term effects.
MOTION:
Comm. Klein moved Alternatives:
3) Introduce an ordinance with modifications:
a. That the revocation of the permit be appealable to the Planning
Commission; and
2) Direct staff to monitor the ordinance and parking and return to Council in
one year (or sooner if necessary) to discuss the regulations and provide
suggested modifications as needed.
Vice Chair Olevson seconded. The motion carried by the following vote:
Yes: 5 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
No: 2 - Commissioner Rheaume
Commissioner Simons
City of Sunnyvale Page 15
Planning Commission Meeting Minutes - Final March 24, 2014
5 14-0369 Nomination of Planning Commission Representative to the
Lawrence Station Area Plan (LSAP) Community Advisory
Group (CAG)
Comm. Simons nominated Comm. Harrison who accepted. Chair Melton said he
would also have nominated Comm. Harrison as she served previously as the
Sustainability Commission representative to the Community Advisory Group.
VOTE: YES: 7 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
Commissioner Rheaume
Commissioner Simons
NO: 0
6 14-0367 2014 Planning Commission Work Plan
Trudi Ryan, Planning Offier, described the work plan purpose and process.
Comm. Harrison and Ms. Ryan discussed the purpose of a General Plan
Amendment initiation (GPI) and the upcoming GPI review for the Watts Spansion
site.
Chair Melton opened the public hearing and upon seeing no speakers for this item,
closed the public hearing.
MOTION: Vice Chair Olevson moved to approve the work plan.
Comm. Durham seconded. The motion carried by the following vote:
YES: 7 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Chair Melton
Vice Chair Olevson
Commissioner Rheaume
Commissioner Simons
NO: 0
City of Sunnyvale Page 16
Planning Commission Meeting Minutes - Final March 24, 2014
7 14-0357 Standing Item: Potential Study Issues for 2015
No potential study issues for 2015 were suggested.
NON-AGENDA ITEMS AND COMMENTS
COMMISSIONER ORAL COMMENTS
Comm. Harrison said she thought it was interesting that every
design review application heard had to do with having
multi-generational families living in one home, and noted that the
housing and jobs balance information the Commissioners receive
demonstrates that our population has already exceeded the
planned designation, yet our housing units are far behind.
STAFF ORAL COMMENTS
Trudi Ryan, Planning Officer, discussed future Planning items that the
City Council will consider, and said that Council will have a study session
on April 8 to learn about the Landbank property.
INFORMATION ONLY ITEMS
ADJOURNMENT
With no further business the Planning Commission meeting was adjourned at 10:48
p.m.
City of Sunnyvale Page 17
Agenda
City of Sunnyvale
Notice and Agenda - Final
Planning Commission
Monday, March 24, 2014 7:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
7:00 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE
ROOM
1 Training:
A Landscaping Plans: Appropriate Species
B Pedestrian and Bicycle Standards: City/VTA
2 Public Comment on Study Session Agenda Items
3 Comments from the Chair
4 Adjourn Study Session
Any agenda related writings or documents distributed to members of the Planning
Commission regarding any open session item on this agenda will be made
available for public inspection in the Planning Division office located at 456 W.
Olive Ave., Sunnyvale CA 94086 during normal business hours, and in the Council
Chambers on the evening of the Planning Commission meeting pursuant to
Government Code §54957.5.
8:00 P.M. PLANNING COMMISSION - PUBLIC HEARING - COUNCIL CHAMBERS
CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS
Speakers are limited to 3 minutes for announcements of related commission
events, programs, resignations, recognitions, acknowledgments.
CONSENT CALENDAR
City of Sunnyvale Page 1 Printed on 3/21/2014
Planning Commission Notice and Agenda - Final March 24, 2014
1.A 14-0334 Approval of Draft Minutes of the Planning Commission Meeting of
March 10, 2014
1.B 14-0313 File #: 2014-7096
Location: 822 Ponderosa (APN: 213-39-123)
Zoning: R-0 Low Density Residential
Proposed Project:
DESIGN REVIEW for a first-story addition of 115 square feet to
an existing two-story single family home resulting in 2,798
square feet (2,366 square feet living area and 432 square feet
garage) and a Floor Area Ratio of 45.8%.
Applicant / Owner: Frank Eveleno (applicant/owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
1.C 14-0311 File #: 2014-7088
Location: 1349 Elsona Court (APN: 320-08-037)
Zoning: R-1Low Density Residential
Proposed Project:
DESIGN REVIEW for a first-story addition of 375 square feet
and an attached open garden feature to an existing two-story
single family home resulting in 3,905 square feet (3,275 square
feet living area and 630 square feet garage) and a Floor Area
Ratio of 47.2%.
Applicant / Owner: Michelle Miner (applicant) / Kevin Martang
(owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
City of Sunnyvale Page 2 Printed on 3/21/2014
Planning Commission Notice and Agenda - Final March 24, 2014
1.D 14-0356 File #: 2013-8029
Location: 523 E. Homestead Rd. (APNs: 309-44-003, -049, -050)
Zoning: Low-Medium Density Residential / Planned Development
(R-2/PD) Zoning District
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow 9 single-family
homes
VESTING TENTATIVE MAP to create 9 ownership lots.
Applicant / Owner: S & S Construction / Louis Mariani Trustee
Environmental Review: Mitigated Negative Declaration
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
NOTE: No action required. Project has been re-advertised for April
14, 2014.
PUBLIC COMMENTS
This category is limited to 15 minutes, with a maximum of three minutes per
speaker. If you wish to address the board or commission, please complete a
speaker card and give it to the Recording Secretary or you may orally make a
request to speak. If your subject is not on the agenda, you will be recognized at this
time; but the Brown Act (Open Meeting Law) does not allow action by board or
commission members. If you wish to speak to a subject listed on the agenda, you
will be recognized at the time the item is being considered by the board or
commission.
PUBLIC HEARINGS/GENERAL BUSINESS
2 14-0068 File #: 2013-7951
Location: 904 Primrose Avenue (APN: 213-25-012)
Proposed Project: An application on a 6,072 sq. ft. site:
DESIGN REVIEW: to allow first and second floor additions of
1,547 square feet, for a total of 3,334 square feet and 54.9%
floor area ratio.
Applicant/Owner: Dennis Shafer (applicant), Saumil and Jesika
Gandhi (owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Timothy Maier, (408) 730-7257,
tmaier@sunnyvale.ca.gov
City of Sunnyvale Page 3 Printed on 3/21/2014
Planning Commission Notice and Agenda - Final March 24, 2014
3 14-0221 File #: 2014-7087
Location: 1604 Vireo Avenue (APNs: 313-42-031 )
Zoning: R-0 (Low Density Residential) Zoning District
Proposed Project:
DESIGN REVIEW to allow an 837-square foot first and second
story addition to a single family home resulting in 3,017 square
feet (2,617 square feet of living area and a 400 square foot
garage) and 48.1% Floor Area Ratio.
Applicant / Owner: Dan Fritschen
Environmental Review: Categorically Exempt Class 1
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
4 14-0154 Introduce an Ordinance to Create Chapter 19.47 (Off-Site Stadium
Event Parking) of Title 19 of the Sunnyvale Municipal Code to Add
Off-Site Parking Standards and Regulations Related to Levi’s (49ers)
Stadium (2014-7021)
5 14-0369 Nomination of Planning Commission Representative to the Lawrence
Station Area Plan (LSAP) Community Advisory Group (CAG)
6 14-0367 2014 Planning Commission Work Plan
7 14-0357 Standing Item: Potential Study Issues for 2015
NON-AGENDA ITEMS AND COMMENTS
COMMISSIONER ORAL COMMENTS
STAFF ORAL COMMENTS
INFORMATION ONLY ITEMS
ADJOURNMENT
City of Sunnyvale Page 4 Printed on 3/21/2014
Planning Commission Notice and Agenda - Final March 24, 2014
Any agenda related writings or documents distributed to members of the Planning
Commission regarding any open session item on this agenda will be made
available for public inspection in the Planning Division office located at 456 W.
Olive Ave., Sunnyvale CA 94086 during normal business hours, and in the Council
Chambers on the evening of the Planning Commission meeting pursuant to
Government Code §54957.5.
Agenda information is available by contacting The Planning Division at (408)
730-7440. Agendas and associated reports are also available on the City’s web
site at sunnyvale.ca.gov or at the Sunnyvale Public Library, 665 W. Olive Ave.,
Sunnyvale, 72 hours before the meeting.
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 City 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 section 1094.5.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Planning Division at (408) 730-7440. Notification
of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. (29 CFR 35.106 ADA Title II)
City of Sunnyvale Page 5 Printed on 3/21/2014
Get email alerts for Sunnyvale
A daily email when new agendas and minutes are posted.