Planning Commission

City of Sunnyvale Meeting Minutes - Final Planning Commission Monday, April 28, 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 14-0464 File #: 2013-7525 Location: 280 Santa Ana Ct. (APNs: 205-33-002, -005, -007, -009, -010, -011, -012, -013, -014) Zoning: Industrial and Service (M-S) Zoning District Proposed Project: ENVIRONMENTAL IMPACT REPORT (EIR) SPECIAL DEVELOPMENT PERMIT to allow three interconnected 6-story office buildings totaling approximately 777,000 square feet, a 6-story parking garage, and 2,541 parking spaces on a 17.84 acre site. TENTATIVE MAP Applicant/Owner: Landbank Investments, LLC Environmental Review: Draft Environmental Impact Report (DEIR) Project Planner: David Hogan, (408) 730-7628, dhogan@sunnyvale.ca.gov Note: Overview of CEQA and the Draft EIR will be provided at the Study Session. 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. in the Council Chambers. SALUTE TO THE FLAG Chair Melton led the salute to the flag. City of Sunnyvale Page 1 Planning Commission Meeting Minutes - Final April 28, 2014 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 14-0470 Approval of the Draft Minutes of the Planning Commission Meeting of April 14, 2014 Comm. Simons pulled the minutes from the Consent Calendar. He said on page 10 he would like to remove from his comment the line "He said in that view." Comm. Simons moved to approve the minutes as amended. 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 1.B 14-0247 File #: 2014-7047 Location: 591 Crawford (APN: 201-34-014) Zoning: R-0 (Low Density Residential) Zoning District Proposed Project: DESIGN REVIEW for first and second-story additions of approximately 1,150 square feet to an existing one-story single-family home resulting in approximately 4,214 square feet (3,503 square feet living area and 590 square feet garage) and 42.6% Floor Area Ratio (FAR). Applicant/Owner: Young & Borlik/Tony Cruz Cheng Project Planner: Shaunn Mendrin, (408) 730-7429, smendrin@sunnyvale.ca.gov Comm. Klein moved to approve this item on the Consent Calendar. Comm. Durham seconded. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes - Final April 28, 2014 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 April 28, 2014 2 14-0391 File #: 2013-8035 Location: 1124 Lily Ave. (APN: 213-30-037) Zoning: R-0 (Low-Density Residential) Proposed Project: An application on a 5,500 sq. ft. site: DESIGN REVIEW: To allow first and second floor additions of 1,590 square feet, for a total of 3,358 sq. ft. and 61.1% floor area ratio. Applicant / Owner: Dave McBirney (applicant) / Shobha Ramkrishnan and Ramkrishnan Sankaran (owners) 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 Trudi Ryan, Planning Officer, presented the staff report. Comm. Simons clarified with Ms. Ryan the staff recommendations and that the project designs include staff input. Comm. Rheaume discussed with Ms. Ryan the square footage difference between the proposed 61% Floor Area Ratio (FAR) and the staff recommendation of 55%, and where reduction in size might be taken. Comm. Harrison commented on the absense of the notice board on site and confirmed with Ms. Ryan that it had been posted earlier for two weeks. Comm. Harrison confirmed with Ms. Ryan that the 300 square feet reduction could be accomplished by reducing the sizes of the first and second floors and the volume spaces. Chair Melton discussed with Ms. Ryan what homes are considered within the same neighborhood as the Estates at Sunnyvale development. Chair Melton opened the public hearing. Shobha Ramkrishnan, the homeowner, and David McBirney, project designer, gave a presentation on the proposed home. Comm. Harrison confirmed with Mr. McBirney that if the window heights are made higher on left side, the front bedroom would not meet egress. Comm. Harrison discussed with Mr. McBirney where the size reduction would occur if the Planning Commission decided the FAR should be between 55% and 59%. Comm. Harrison discussed with Ms. Ramkrishnan the preference of elimination of the recreation City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final April 28, 2014 room versus the master suite if a reduction in FAR is required. Comm. Simons confirmed with Ms. Ryan that staff is not requesting the reduction of window sizes for windows that would not meet egress. Comm. Simons discussed with Mr. McBirney the expanded driveway requirement. Mr. McBirney requested striking Conditions of Approval PS-3 and PS-4, and said if privacy becomes a concern he suggests obscure or design glass to prevent direct views. Ms. Ramkrishnan said their proposed project is setting precedence among neighbors. Chair Melton closed the public hearing. Comm. Simons moved Alternative 2 to approve the Design Review with modified conditions to add language in Condition of Approval PS-2 that the driveway must be consistent with the rest of the hardscaping. Comm. Klein seconded. Comm. Simons said he understands the applicant's concern about the reduction in window sizes, but that the Conditions of Approval are not recommending a reduction in windows that are needed for egress. He said he is comfortable with the percentage reduction because one thing we try to do is allow homes on smaller lots to be developed to a larger FAR so those with smaller lots are not inconvenienced when wanting to expand their homes and are not forced to move. He said if one is expanding to a larger square footage the City gives a benefit to those who do it all in one single story, encouraging the applicant not to go up to two, and that he is more comfortable bringing a two-story house down to something akin to the staff recommendation rather than if it was all accomplished in the first story. He said he compliments the design of the home, that the look is appropriate and he can make the findings. Comm. Klein said he will be supporting the motion, and that during the site visit and in looking at the home and architecture he thinks it fits in well from that standpoint. He said he understands the applicant wants to get the largest home possible, but that as the applicant said, it is setting a precedence. He said that while there are older homes in the neighborhood with relatively high FARs, the rules of the City change as time goes on and this project may set precedence in that everyone in the neighborhood will apply for very large FARs, which is why staff is trying to City of Sunnyvale Page 5 Planning Commission Meeting Minutes - Final April 28, 2014 reduce the overall bulk of the building. He said he understands that this property is slightly smaller than most properties in that neighborhood, but that there are smaller properties with very small buildings on them, and that he understands the applicant has reservations about changing the plans again, but that this is close to what it needs to be and finding the space to reduce it will make it a better project. Vice Chair Olevson said he will supporting motion and that as he drove around the neighborhood the homes immediately to the north have very nice second stories compared to their first stories, with nice setbacks and design features. He said as he looks at this home the adjacent homes on either side are single story and that this will be a new one for the south side of street. He said he is concerned that the total area of the second floor is too much to fit in so he will be supporting the staff recommendation to keep the house closer to the established policies and guidelines and recommends his fellow Commissioners support the motion. Comm. Durham said he will be supporting the motion and believes the home will be a good fit in the neighborhood. He said he looked at the newer development nearby and the homes look awfully massive and bulky, and that he thinks this is a much better plan than the tract that went in. Comm. Harrison offered a friendly amendment to allow the applicant to accomplish the reduction in FAR in any way the applicant saw fit. Comm. Simons said he would like to discuss the impact of the modification with staff. Ms. Ryan explained the regulations and conditions for this house. She said it is the Commission's prerogative to decide that the applicant can remove square footage from both floors. Comm. Simons said allowing the flexibility for staff and the applicant to work it out may not change anything but could result in a better design, so he will accept the friendly amendment. Comm. Klein accepted as well. Comm. Harrison said she will be supporting the motion, and that there are many possibilities and she likes the design of the outside of the home. She said if the applicant has some flexibility about how to solve the FAR reduction, the design goals may be accomplished with less of a negative impact. Comm. Rheaume said he is struggling with supporting the motion, and that this reminds him of when the Planning Commission was looking to approve a project on Primrose and the Commission discussed the accommodation of growing and extended families and people living in Sunnyvale who want to stay and invest in Sunnyvale. He said he thinks this is a great plan and likes to see material other than stucco, and to see the siding and gables, it looks like an interesting design. City of Sunnyvale Page 6 Planning Commission Meeting Minutes - Final April 28, 2014 He said it was mentioned in the staff report that the bulkiness of the proposed house is similar to the house across the street in the Estates at Sunnyvale development, but that the over 60% FAR hit the red flag for him and he is still not certain if he will be supporting the motion. He said he would like to state for the record that taking 300 feet off of the second story would make the remodel substandard to today's living environment. Chair Melton said he will not be supporting the motion, and that like Comm. Rheaume he was on the fence and what pushed him over was the friendly amendment, with all due respect to the process and his fellow Planning Commissioners. He said the second to first floor ratio as proposed by the applicant is 57.9%, which he is not able to get comfortable with, and that the staff recommendation to trim exclusively from the second floor would bring the first to second story ratio to 38.1%. He said with that sort of certainty he would be more comfortable about the project, and that removing that certainty gives him a level of discomfort that gets him off of the fence and on the side of pushing the no button. He said another thing that gives him discomfort is that he cannot make the findings for this project because it has not been finalized yet. He said he understands the logic of the Planning Commission delegating its responsibility to staff, but having further work done on a project that would result in something that is still in the Commission's purview, namely over 45% FAR, is not something he is comfortable with. He said this is not a statement about staff or the applicant, but rather him wanting to hold on to the Planning Commission's responsibility for final review of the final design of the final project that is over 45% FAR, and for those reasons he will be pressing the no button. MOTION: Comm. Simons moved Alternative 2 to approve the Design Review with modified conditions: 1) In Condition of Approval PS-2, add language that the driveway must be consistent with the rest of the hardscaping; and 2) In Condition of Approval PS-4, delete the sentence requiring reduction of the Floor Area Ratio to be accomplished exclusively on the second story. Comm. Klein seconded. The motion carried by the following vote: Yes: 4 - Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Simons No: 3 - Chair Melton Vice Chair Olevson Commissioner Rheaume City of Sunnyvale Page 7 Planning Commission Meeting Minutes - Final April 28, 2014 3 14-0406 File #: 2013-7081 Location: 610 E. Weddell Drive (APN: 110-28-001) Proposed Project: Related applications on a 4.04-acre site: SPECIAL DEVELOPMENT PERMIT: for the construction of a four-story building consisting of 205 residential apartment units Applicant / Owner: Sares - Regis Group / Fucms 2001 C2 Weddell Drive LP Environmental Review: Environmental Impact Report (2013-7240) Certified by City Council on March 25, 2014 Project Planner: Ryan Kuchenig, (408) 730-7431, rkuchenig@sunnyvale.ca.gov Ryan Kuchenig, Associate Planner, presented the staff report while displaying illustrations of the proposed project. He said Amy Skewes-Cox, environmental consultant, James Reyff, with Illingworth and Rodkin and traffic consultants from TJKM were available to answer questions. Comm. Klein and staff discussed the number, class and location of bicycle parking spaces, and the Condition of Approval (COA) for a vegetated green screen for the parking garage design. Comm. Rheaume confirmed with Mr. Kuchenig that most of the existing trees near the proposed garage would remain. Comm. Rheaume also confirmed with Mr. Kuchenig and Trudi Ryan, Planning Officer, that the City has lease agreements with the San Francisco Public Utilities Commission (SFPUC) and the Pacific Gas and Electric Company (PG&E) for the trail between the properties, and that the City would need their approval for the applicants to make improvements to the trail. Chair Melton confirmed with Mr. Kuchenig that there are no outstanding deviations on this project. Chair Melton commented on the proposed improvements at the intersection of E. Weddell Drive and N. Fair Oaks Avenue and discussed with Ms. Ryan the process for requesting that the City look into reducing the speed limit in front of the development and updating the traffic signal at the intersection. Chris Kinzel, traffic engineer with TJKM, said that the signal at this intersection meets current standards. Comm. Durham confirmed with Ms. Ryan that the Tasman and Fair Oaks Area Pedestrian and Bicycle Circulation Plan does not include plans to upgrade the Fair Oaks pedestrian and bicycle facilities going over Highway 101. Comm. Klein confirmed with Ms. Ryan that a possible overpass on N. Fair Oaks Ave. going over Tasman Drive is not being considered in terms of the use of the Sense of Place fees. City of Sunnyvale Page 8 Planning Commission Meeting Minutes - Final April 28, 2014 Chair Melton opened the public hearing. Ken Busch, with Sares Regis Group, gave a presentation while displaying illustrations of the current site and proposed project. Rob Steinberg, Design Architect, discussed the architectural features of the proposed project. Paul Laterri, Landscape Architect, discussed the landscape plan. Comm. Simons and Mr. Laterri discussed what species of trees would be planted on the site and a potential requirement for those trees to be long-term living, native California species. Comm. Rheaume asked Mr. Busch to specify the type and quality of material that would be used for the windows, to which Mr. Busch responded that they have not chosen a manufacturer. Comm. Durham further discussed the type of windows with Mr. Busch, and confirmed with Mr. Busch that there are four trash rooms with chutes for the handling of recycling and solid waste. Comm. Harrison and Mr. Busch discussed how to improve the air and sound transfer between units and confirmed that it is unknown when the current SFPUC lease for the parking lot will be up and when the landscaping of the area can be renegotiated. Mark Barnes, President of the Lakehaven Townhomes Homeowners Association (LTHA), said he supports the site for residential use, and that his only issue is the emergency vehicle access corridor that would cut through the middle of his property. John Cordes, Sunnyvale resident, said he likes many of the features of the project, and suggested adding signage on bike paths to direct people to their destinations and dedicating space along the E. Channel Trail for a new community garden. Cheryl Pollock, Sunnyvale resident, said she supports the project. Mr. Busch added that as part of the Transportation Demand Management (TDM) measures, walking and bicycle tours for residents will be offered twice yearly to familiarize residents with the area and nearby facilities, and said they will be working with Mr. Barnes and the LTHA on the emergency vehicle access corridor to minimize the impact on that property. City of Sunnyvale Page 9 Planning Commission Meeting Minutes - Final April 28, 2014 Chair Melton closed the public hearing. Comm. Simons clarified with Mr. Kuchenig that the emergency vehicle gate will not be closed. Comm. Durham moved Alternative 2 to approve the Special Development Permit with the modified condition to place one sign near the E. Weddell Drive entrance to the John W. Christian Greenbelt indicating that the East Channel Trail is to the east, and place a second sign at the junction of the East Channel Trail and the John W. Christian Greenbelt pointing to the N. Fair Oaks Ave. bridge. Comm. Harrison seconded. Comm. Durham said this is a dense project and he had some concerns with the added traffic and the ability of people to get in and out of the mobile home park. He said this project will help with jobs, housing and balance and is close to transit hubs, local bus routes and is two miles from the CalTrain station. He said he thinks it will improve the east to west bicycle connections with additions to trail, and that it should not add too much traffic to local area streets because it is right up against Highway 101 for people who want to leave town. He said it is also close to Moffett Park so people can drive, bike and walk to the area to reach jobs in the area. He said he looked at pricing in the neighborhood and everything within a mile is $800,000 minimum so there is a definite need for rental projects in the area. He said it fits the General Plan, and that while he had some misgivings about cycling access south of 101, he can find for the project and supports it. Comm. Harrison said she appreciates the project's livability and that 205 families will be living there and will likely also appreciate the following amenities: that the double-loaded corridors are not very long; the bathrooms are easily accessed from the bedrooms; the dog wash with exterior exit; the low-water planting; the harmonious color scheme; the variety of flowering shrubs, grasses and trees; the fire place; pool; and the higher-than-required private storage. She said she is curious about which units will be for very low-income families but is certain the applicant will work that out. She said the only other concern she has, which the Planning Commission cannot address, is safe access to the CalTrain station over Highway 101. Comm. Simons offered the friendly amendment to include in COA BP-22 the addition of five Class II bicycle spaces. Comms. Durham and Harrison accepted. City of Sunnyvale Page 10 Planning Commission Meeting Minutes - Final April 28, 2014 Comm. Simons offered a friendly amendment to recommend that City staff explore reducing the speed limit on N. Fair Oaks Ave. and E. Weddell Drive. Comms. Durham and Harrison accepted. Comm. Simons offered a friendly amendment that the large species trees listed on the landscaping design that are expected to grow 25 feet or taller be California natives, excluding the fruit trees and ornamental trees as they will not be around as long. Comm. Durham asked for clarification and Comm. Simons said trees that are appropriate for the area and friendly to areas that have the same low-water issues. Comm. Durham declined. Comm. Simons offered a friendly amendment to add a COA for the twice yearly transportation tour for residents. Comms. Durham and Harrison accepted. Comm. Simons said he will not be supporting the motion and had included in his friendly amendments input from other Planning Commissioners. He said the one he really wanted was the plantings that, especially for a residential development, will be around for many decades and will not be replaced. He said to stick a bunch of wonderful trees that will live for maybe 25 years is inappropriate, and that this development will be around for the long term and provides a great opportunity to plant the California sycamore, incense cedar, catalina ironwood, valley oak or the western red cedar, which are not being planted here and would do very well contrary to what people say about native trees not doing well here. He said he thinks this is unfortunate for any development. Comm. Klein offered a friendly amendment to include in COA PS-1 that height can also be used in the final design of the south elevation of the parking garage. Comms. Durham and Harrison accepted. Comm. Klein said he will be supporting the motion and that the project is a big step forward in terms of livability from an apartment complex standpoint. He said he applauds the applicant for proposing improvements and access to the John W. Christian Greenbelt, and proposing bike share and zip car programs, and that he likes the overall design and thinks it will look good when it is completed. He said he can make the findings as staff listed, and that an ongoing issue he has had with several projects is the parking garage and he is glad to see the applicant working with staff to improve the look of it. He said one of the ugliest things to see when driving on the freeway is a long sight line of a single parking garage, and that some of the changes in color along with slight variations from the initial plan are big steps forward to improve the look of it. He said he understands that it will be partially hidden by a series of trees, but that depending on where you are on a ramp or the City of Sunnyvale Page 11 Planning Commission Meeting Minutes - Final April 28, 2014 freeway you get different views of just a parking garage. He said that on the inside of the project focusing on window facades is a big plus, but the majority of people when driving by will only see the very top floor of the building and a parking garage. He said providing more low income units is a big plus for the community, and that overall this will be a good project when it is complete. Comm. Rheaume said he will be supporting the motion, and thinks this is a great place to add housing. He said this is an underutilized industrial area near transit and the light rail, and that one of the City's initiatives is to build near transit and connect the trails, and that this is a great opportunity and space to do this. He said he was there today and it is not a pretty site, and that this residential development will be great for the City and this area of Fair Oaks Avenue. Vice Chair Olevson said he will be supporting the motion, though he thinks the Commission is starting to redesign the project from the dais. He said we have vetted this project through various stages to the point that it is one of the most well-analyzed projects he has seen in the almost two years he has been working with this group. He said we have seen it through the Environmental Impact Report and rezoning, and that the applicant has responded to Planning Commission, staff and area residents to make sure the project fits. He said he notes that it fits the need for Sunnyvale to have more residential properties available, and that he likes that the applicant has numerous properties under management and is confident that it will be well managed and an attractive property. He said he especially likes what the applicant has offered to do to get around potential hindrances to the open area to the north and that the trail is disjunct now. He said with the hope that the additional conditions will not make this project unworkable, he will be supporting the motion. Chair Melton said he will be supporting the motion, and that one misgiving he has about the project is air quality and diesel particulate matter from Highway 101. He said he looked in the General Plan for guidance and found goal EM-11 regarding improved air quality which reads, "improve Sunnyvale's air quality and reduce the exposure of its citizens to air pollutants." He said it is possible that what we may be doing with this project is contrary to that goal, but that the General Plan is not just about that one goal and there are many more positive things about this project that it is easy to rationalize it within the whole context of the General Plan. He said he likes that we are removing something that is very unattrative and replacing it with something much nicer, that the improvements to the John W. Christian Greenbelt will help improve public safety and remove an existing public nuisance. He said he also likes that this project begins to address the housing imbalance in the City, will provide affordable housing and is close to transit. He thanked the applicant for the City of Sunnyvale Page 12 Planning Commission Meeting Minutes - Final April 28, 2014 robust community outreach, and said he also likes the architecture, the fabulous color, and that it stitches together extraordinarily well with the surrounding community and adjacent uses. Chair Melton thanked Comm. Simons for recommending the speed limit study to staff, and said while it is not the purview of the Planning Commission, he expressed his appreciation for staff taking a look at the antiquated traffic signal at the intersection of E. Weddell and N. Fair Oaks. He said he can make the findings and supports the project. MOTION: Comm. Durham moved Alternative 2 to approve the Special Development Permit with modified conditions: 1) If permitted by PG&E and the SFPUC, place one sign near the E. Weddell Drive entrance to the John W. Christian Greenbelt indicating that the East Channel Trail is to the east, and place a second sign at the junction of the East Channel Trail and the John W. Christian Greenbelt pointing to the N. Fair Oaks Ave. bridge; 2) Include in Condition of Approval BP-22 the addition of five Class II bicycle spaces; 3) Recommend that City staff explore reducing the speed limit on N. Fair Oaks Ave. and E. Weddell Drive; 4) Add a Condition of Approval for the twice yearly transportation tour for residents; and 5) Include in Condition of Approval PS-1 that height can also be used in the final design of the south elevation of the parking garage. Comm. Harrison seconded. The motion carried by the following vote: Yes: 6 - Commissioner Durham Commissioner Harrison Commissioner Klein Chair Melton Vice Chair Olevson Commissioner Rheaume No: 1 - Commissioner Simons City of Sunnyvale Page 13 Planning Commission Meeting Minutes - Final April 28, 2014 4 14-0451 File #: 2013-7132 Location : 520 - 550 E. Weddell Drive (APNs: 110-28- 190 & 110-28-191) Proposed Project: Related applications on a 12.04-acre site: SPECIAL DEVELOPMENT PERMIT: for the construction of eight buildings of three and four stories consisting of 465 residential apartment units Applicant / Owner: Raintree Partners / Kollreal Environmental Review: Environmental Impact Report, Certified March 25, 2014 Project Planner: Ryan Kuchenig, (408) 730-7431, rkuchenig@sunnyvale.ca.gov Ryan Kuchenig, Associate Planner, presented the staff report. Comm. Klein discussed with staff the conceptual design details of the fencing along the Hetch Hetchy right-of-way, the parking garage and the height and deviations to the number of stories on parcel A. Comm. Klein confirmed with Mr. Kuchenig that staff recommends a similar Condition of Approval (COA) to the previous project regarding Class II bicycle spaces. Comm. Rheaume discussed with staff the tree removal plan along the Hetch Hetchy accessway. Comm. Durham and Trudi Ryan, Planning Officer, discussed the type of landscaping and hardscaping on the south side of E. Weddell Drive. Comm. Durham and Mr. Kuchenig discussed the proposed traffic signal and crosswalk improvements. Vice Chair Olevson and Ms. Ryan discussed the number of parking spaces reserved for guests, and confirmed that the applicant can change this number by changing the Parking Managemetn Plan (PMP) and obtaining approval from staff. Chair Melton discussed with Ms. Ryan the remaining requested deviations for the project after the concessions granted by the State. Comm. Klein clarified with Ms. Ryan where the transition between the buildings with three stories and those with four stories occurs. Comm. Durham discussed with Ms. Ryan the off-site improvements associated with the project, and confirmed that this project would contribute to pedestrian signal improvements at N. Fair Oaks and E. Weddell. City of Sunnyvale Page 14 Planning Commission Meeting Minutes - Final April 28, 2014 Chair Melton opened the public hearing. Jason Check, with Raintree Partners, gave a presentation on the proposed project. Rob Steinberg, Project Architect, discussed the architectural features of the project. Comm. Simons further discussed the architectural features of the proposed project with Mr. Steinberg and options to add variety to them. Comm. Klein confirmed with Mr. Steinberg which areas will be closed off to the non-residential public and the height and composition of the fences. Comm. Klein also discussed with Mr. Steinberg enhancing the parking garage with added color. Comm. Harrison confirmed with Mr. Check that he is amenable to adding a quality of insulation inspection and a duct leakage check to the Green Point Checklist. Comm. Harrison discussed with Mr. Check how minimized sound and air transfer between units will be accomplished. Comm. Rheaume commented on the windows appearing generic and discussed with Mr. Steinberg options for adding window framing and detailing. Chair Melton confirmed with Mr. Steinberg that if the Planning Commission added a condition to add more color to the building Mr. Steinberg would suggest adding it in small doses to the recessed plains. Jack Jones, Sunnyvale resident, spoke of his support for the project. Mr. Check reiterated the desire for a simple color scheme for the project. Chair Melton closed the public hearing. Ms. Ryan clarified several staff recommendations, and said that in COA PS-1 it should read "wood elements" in the second to last line. Ms. Ryan added that if the Planning Commission wanted to add specifics about the architectural design it could be added as a COA. Comm. Simons asked if staff is comfortable adding a COA to ensure that the ironwork in the photos is incorporated, to which Ms. Ryan noted that staff thinks COA PS-1 captures the importance of the intricate details. Comm. Klein moved Alternative 2 to approve the Special Development Permit with modified findings and conditions, with the modified conditions: City of Sunnyvale Page 15 Planning Commission Meeting Minutes - Final April 28, 2014 1) In Condition of Approval BP-25, add Class II bicycle parking per VTA Standards for both parcels A and B; 2) Add a Condition of Approval for staff to work with the applicant regarding the fence’s location, height and material; and 3) Include in Condition of Approval PS-1 the additional feature of highlighted mosaics. Comm. Harrison seconded. Comm. Klein said it has been a process to get where we are today on the two E. Weddell residential projects, and that a lot of focus and work with the Planning Commission, staff and the public has gone into improving the project. He said he is happy to see the arches and trellis on top of the structure so that it does not look like a garage anymore, which is one of the biggest issues with him and a hard thing to see when driving along freeways. He said he hopes that in working with the SFPUC, the greenway between the two parcels will truly become a sense of place for people within the project passing through. He said he thinks the applicant has captured a lot of what we looked for, and that stepping down the buildings and amassing building height on the south portion of the project improves its appearance from the south and transitions well to residences to the north. He said the project does have Spanish architecture and that the aesthetic is nice except for when there is too much in one location and the red tile and white coloring can become overbearing, and that adding more color is also consistent with Spanish architecture. He said overall this project will be a good addition to the community. Comm. Harrison said she appreciates the proximity to transit, jobs and amenities; the good floor plans, closet space and kitchens; the deciduous landscaping on the south and west sides; the very low-income units; the green screen on the garage; the pedestrian improvements and lighted crosswalk to enable safe passage to the park; the co-work space; the classic, sophisticated architecture; and the concern for a pedestrian and cyclist sense and scale of entrance. Comm. Harrison offered a friendly amendment that the Green Point Checklist include the duct leakage test and a quality of insulation inspection requirement. Comm. Klein accepted. Comm. Rheamue said he will be supporting the motion and concurs with the applicant regarding the simple color scheme which gives it a classic look. He said we have used every shade of brown on all of the previous projects recently approved, and that this will have a more classic look that distinguishes itself from other projects. He said it is a great project and looks forward to it moving forward. Comm. Simons offered a friendly amendment to include in Condition of Approval City of Sunnyvale Page 16 Planning Commission Meeting Minutes - Final April 28, 2014 PS-2 the addition of lintel detail for the windows on the 3rd story, and the addition of contrasting vinyl framing for the windows. Comms. Klein and Harrison accepted. Comm. Simons offered a friendly amendment that on-site trees that are expected to grow 25 feet or taller should be native species. Comms. Klein and Harrison accepted. Comm. Durham said he will be supporting the motion for the same reasons he supported the other project: that it is near transit, is adding to the housing stock, it is close to jobs, has below market rate housing and is a well laid out project. Vice Chair Olevson said he will be supporting the motion, and that he wants to recognize that the applicant over several months of looking at this project has made a lot of concessions and has extended the project to add a lot of amenities for the public, including the right of way crossings. He said he is reluctant to add conditions at the last minute to increase the changes that have already been made, and that he likes the design and color, and thinks the comparison of this architecture to the Stanford and Santa Clara University buildings was very appropriate. He said this project fits in well and will be a timeless and well-run operation by maintaining that. He said he does not like designing from this desk after several months of thoughtful design and modifications that were discussed in prior sessions, however he would like to see project proceed. He said staff has been given guidance that does not lock us into any one change or another and he hopes that any changes will be minimal because as it is presented, the project will greatly enhance Sunnyvale. He said this is an excellent place for new residents, especially with enhancements that overcome the failings of other apartment communities in that there is a place to work on projects. He said the down side of apartment living is figuring out how to prevent the carpet from getting dirty when trying to do something else, and that he will be supporting the motion and encourages his fellow Planning Commissioners to do the same. Chair Melton said he will be supporting the motion, and reiterated the request for staff to do whatever possible to consider a different speed limit on Fair Oaks and to upgrade the traffic signal at the Fair Oaks and Weddell intersection. He also reiterated his concerns about air quality, and said he thinks he found one goal in the General Plan that is not directly met, but that the General Plan is not just about air quality. He said there are many things he likes about the project that allow him to make the findings, including the robust public outreach that has taken place; the fact that the project alleviates the housing imbalance in the City; the good proximity to transit, jobs and amenities; the fact that the lighted crosswalk on Weddell will stitch the project together well with the new Seven Seas Park; the architecture that City of Sunnyvale Page 17 Planning Commission Meeting Minutes - Final April 28, 2014 provides a timeless, classic quality and reminds him of the Spanish missions built in California centuries ago; and the sumptuous architectural detail. He said he hopes as the project comes to fruition Mr. Steinberg will contemplate the evening gown splash of color concept discussed earlier. He said one thing he is concerned about is what he calls the "oatmealification" of the City of Sunnyvale and that project after project the predominant color scheme has been beige, off-white and oatmeal, but that this has a great aesthetic feel to it and that adding a splash of color will greatly enhance the project. MOTION: Comm. Klein moved Alternative 2 to approve the Special Development Permit with modified findings and conditions: 1) In Condition of Approval BP-25, add Class II bicycle parking per VTA Standards for both parcels A and B; 2) Add a Condition of Approval for staff to work with the applicant regarding the fence’s location, height and material. 3) Include in Condition of Approval PS-1 the additional feature of highlighted mosaics; 4) That the Green Point Checklist include the duct leakage test and a quality of insulation inspection requirement; 5) Include in Condition of Approval PS-2 the addition of lintel detail for the windows on the 3rd story, and the addition of contrasting vinyl framing for the windows; and 6) On-site trees that are expected to grow 25 feet or taller should be native species. Comm. Harrison 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 18 Planning Commission Meeting Minutes - Final April 28, 2014 5 14-0454 Climate Action Plan to Achieve State Recommended Greenhouse Gas Emissions Reduction Goals in Assembly Bill 32: California Global Warming Solutions Act of 2006 Environmental Review: Negative Declaration Gerri Caruso, Principal Planner, presented the staff report. Comm. Rheamue discussed with Ms. Caruso the outline for implementation of the Climate Action Plan (CAP) if approved by City Council, and whether additional funding is required for the "Just do it" list items. Also, in response to Comm. Rheaume's inquiry, Ms. Caruso explained that staff has no data indicating the 2010 goal to reduce greenhouse gas emissions to 2000 levels had been achieved. Comm. Durham and Ms. Caruso discussed the goal to shade 80% of paved areas by 2035 and the types of trees that would provide the shade. Comm. Durham and Ms. Caruso also discussed the possibilities of a residential loan program for conversion to gray water systems and curbside pickup of compostable materials. Comm. Durham and Kathryn Berry, Senior Assistant City Attorney, discussed harvesting waste gases from the closed landfill and the opportunity to use purple pipe during the construction of the new Water Pollution Control Plant. Vice Chair Olevson confirmed with Ms. Caruso that there are currently no penalties for missing the 15% reduction of Citywide emissions determined in California Assembly Bill 32. They also discussed potential cost savings to the City and project applicants and the Community Choice Aggregation Program. Vice Chair Olevson and Trudi Ryan, Planning Officer, discussed the financial costs of implementing the CAP. Vice Chair Olevson commented on the data used to prepare the plan being erroneous because previous population growth projections have been exceeded. Ms. Ryan noted that the CAP will be continuously reviewed, and Leanne Singleton, Consultant with PMC, noted that the Land Use and Transportation Element (LUTE) will provide new growth projections which the CAP will then be updated to reflect. Chair Melton discussed with Ms. Caruso the relationship between the CAP and the General Plan (GP), and confirmed that elements of the CAP cannot override those in the GP. Chair Melton opened the public hearing. Barbara Williams, representative of the Silicon Valley Association of Realtors and a resident of Sunnyvale, said she is generally in support of the CAP and only objects to the home energy audit at point of sale. City of Sunnyvale Page 19 Planning Commission Meeting Minutes - Final April 28, 2014 Barbara Fukumoto, Sunnyvale Sustainability Commissioner speaking on her own behalf, said she supports approval of the CAP. Comm. Simons and Ms. Fukumoto discussed the previous speaker's comment about who should pay for an energy audit at point of sale. Comm. Simons and Ms. Caruso further discussed energy audits at point of sale. Chair Melton closed the public hearing. Comm. Harrison moved Alternatives: 1) To recommend to City Council the following actions: • Adopt the Climate Action Plan with Implementation Program; • Direct staff to move forward with the “just do it” CAP Action items; • Direct staff to prepare a CAP CEQA checklist to determine future project consistency with the CAP for all departments to use for public and private projects; • Direct staff to come back to Council within four months with a timeline, work plan and possible funding strategies for CAP GHG emission reduction measures; and • Direct staff to come back within four months with a recommendation for securing a CAP monitoring program with a proposed budget modification as needed. 3) Recommend that Council approve the Negative Declaration. Comm. Simons seconded. Comm. Harrison said that having worked on the Horizon 2035 committee these things are familiar to her, and that there has been a lot of study that has gone into it and she is aware that some things are easy, cheap and benefit everybody and some are costly and ineffective. She said she knows staff and the consultants will move through these things and suggest those that are smart. Comm. Simons offered a friendly amendment that staff consider the cost, appropriate level and payee of household energy analysis as key issues of the energy audit consideration. Comm. Harrison asked staff if any of these issues would not be considered, to which Ms. Ryan replied the normal process would include this type of analysis and that the Commissioner could add it, but would be singling out one study item. Comm. Simons said he will withdraw his friendly amendment and added that he thought it useful enough to formally recommend. City of Sunnyvale Page 20 Planning Commission Meeting Minutes - Final April 28, 2014 Comm. Simons said he is very sensitive to concerns about what data is actually used and that Vice Chair Olevson was referring to discrepancies in data and the General Plan versus the reality of where we are in any one particular year. He said we continuously update the General Plan every 5 -10 years, and that the numbers set into the plans may be slightly off or different from reality, but since we are a City of processes we work off of accepted plans and elements that are individually developed to help us in our planning. He said he understands concerns when looking at potential regulations that there may be impacts and they may not all be good, but that it is part of the process, and he sees it moving forward when we are trying to do smarter developments and smarter living in Sunnyvale. He said this is going to be part of that process and the data we will be using will never actually be current and will always be slightly off in some areas. He said it needs to be updated appropriately at the next opportunity, and that he will be supporting the motion. He said the CAP is just a part of what the City is going to be doing in terms of future mitigation, and that the incredible amount of work done on it has been extremely impressive. Vice Chair Olevson said he will not be supporting the motion, and that he comes from a business background where plans, policies and other decisions have to be based on accurate data and clear financial impact. He said he will not argue as to whether global warming is man made or not as this is not the issue for him. He said the issue is how much this will cost the City and where the money will come from, and that in reading the report there are some vague statements saying some funding may come from grants and some from elsewhere, which is not good enough for him. He said he cannot base a major policy decision for the City on six-year old data that is demonstrably in error, and that because of those two concerns he will not be supporting the motion. Comm. Durham said he will be supporting the motion and thinks this is good plan to hopefully make Sunnyvale a better place. He said greenhouse gas issues will not go away in the future without people doing some work, and that he thinks we have done a lot here. He said he realizes that we will be spending a lot of money and do not really know where it is coming from yet, but that we are not locked into anything except for that we have a plan and blueprint to follow to try to improve things going forward. Chair Melton said he will be supporting the motion and thanked the members of the public for toughing out a very long public hearing with a wide variety of agenda items. He said inputs from Ms. Williams and Ms. Fukumoto are valued and important, and that he has been tussling with what was said about energy audits, and that his determination is that there will be other opportunities to make the case City of Sunnyvale Page 21 Planning Commission Meeting Minutes - Final April 28, 2014 to other decision makers, including City Council. He said he is persuaded by the words of City staff that there will be other opportunities to revisit the plan and these concerns. He said there will be a lot of positive things and that the CAP is a necessary thing we are doing, and that as Comm. Durham said, it will make Sunnyvale a better place to live in and fulfills a given policy here in the City of Sunnyvale to be leader in this regard. He said adoption of the CAP will keep us in a regional and important leadership position, and that also noteworthy is all of the time and civic interest gone into this. He said this is a tremendous effort by City staff, specifically Ms. Caruso and the hard work with the consultants, which has led us here today. MOTION: Comm. Harrison moved Alternatives: 1) To recommend to City Council the following actions: • Adopt the Climate Action Plan with Implementation Program; • Direct staff to move forward with the “just do it” CAP Action items; • Direct staff to prepare a CAP CEQA checklist to determine future project consistency with the CAP for all departments to use for public and private projects; • Direct staff to come back to Council within four months with a timeline, work plan and possible funding strategies for CAP GHG emission reduction measures; and • Direct staff to come back within four months with a recommendation for securing a CAP monitoring program with a proposed budget modification as needed. 3) Recommend that Council approve the Negative Declaration. Comm. Simons seconded. The motion carried by the following vote: Yes: 6 - Commissioner Durham Commissioner Harrison Commissioner Klein Chair Melton Commissioner Rheaume Commissioner Simons No: 1 - Vice Chair Olevson 6 14-0483 Standing Item: Potential Study Issues for 2015 No potential Study Issues were discussed. NON-AGENDA ITEMS AND COMMENTS City of Sunnyvale Page 22 Planning Commission Meeting Minutes - Final April 28, 2014 -Commissioner Oral Comments Comm. Durham noted that he will be out of town on the second meeting of June. Comm. Simons noted that he will be out of town during the next meeting. -Staff Comments Trudi Ryan, Planning Officer, discussed upcoming Planning items and those recently considered by the City Council. INFORMATION ONLY ITEMS None. ADJOURNMENT Chair Melton adjourned the meeting at 12:12 a.m. City of Sunnyvale Page 23