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Planning Commission

Regular Meeting

Sunnyvale, CA · May 28, 2014

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Minutes

City of Sunnyvale Meeting Minutes - Final Planning Commission Wednesday, May 28, 2014 7:00 PM West Conference Room and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 SPECIAL MEETING DAY DUE TO CITY'S OBSERVANCE OF MEMORIAL DAY 7:00 p.m. Study Session - West Conference Room 8:00 p.m. Public Hearing - Council Chambers 7:00 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE ROOM 1 14-0554 File #: 2013-7860 Location: 479 N. Pastoria Avenue (APN: 165-30-002): Zoning: M-S (Industrial and Service) Zoning District Proposed Project: Discussion and Possible Action on an application for a 2.17-acre site: USE PERMIT to allow a new 52,394 square foot, four-story office/R&D building and a two-level parking structure resulting in approximately 55% Floor Area Ratio. Applicant / Owner: ArchiRender Architects / Peery-Arrillaga Environmental Review: Mitigated Negative Declaration Staff Contact: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov 2 14-0555 File #: 2014-7114 Location: 815 W. Maude Ave. (APN: 165-41-033): Zoning: M-S (Industrial and Service) Zoning District Proposed Project: Discussion and Possible Action on an application for a 0.97-acre site: USE PERMIT to allow a new 23,340 square foot, three-story office/R&D building resulting in approximately 55% Floor Area Ratio, VARIANCE to allow a 25-foot front setback along Maude Avenue, where 35 feet minimum is required. Applicant / Owner: ArchiRender Architects / Fregida, LLC Environmental Review: Mitigated Negative Declaration Staff Contact: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov 3 Public Comment on Study Session Agenda Items City of Sunnyvale Page 1 Planning Commission Meeting Minutes - Final May 28, 2014 4 Comments from the Chair 5 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 Chair Melton led the salute to the flag. ROLL CALL Present: 6 - Chair Russell Melton Vice Chair Ken Olevson Commissioner Ralph Durham Commissioner Sue Harrison Commissioner Larry Klein Commissioner Ken Rheaume Absent: 1 - Commissioner David Simons PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS None. CONSENT CALENDAR 1.A 14-0525 Approval of the Draft Minutes of the Planning Commission Meeting of April 28, 2014 MOTION: Comm. Klein moved to approve the minutes on the Consent Calendar. Vice Chair Olevson seconded. The motion carried by the following vote: Yes: 6 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume No: 0 Absent: 1 - Commissioner Simons City of Sunnyvale Page 2 Planning Commission Meeting Minutes - Final May 28, 2014 PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 3 Planning Commission Meeting Minutes - Final May 28, 2014 2 14-0535 File #: 2013-8029 Location: 523 E. Homestead Road (APNs: 309-44-003, 309-44-049, 309-44-050) Proposed Project: Related applications on a 0.9-acre site: SPECIAL DEVELOPMENT PERMIT: to allow 7 single-family homes, and VESTING TENTATIVE MAP: to create 7 ownership lots. Applicant / Owner: S&S Construction, LLC/Louis Mariani Trustee Environmental Review: Mitigated Negative Declaration Project Planner: Noren Caliva-Lepe, (408) 730-7659, ncaliva-lepe@sunnyvale.ca.gov Noren Caliva-Lepe, Associate Planner, presented the staff report. Comm. Harrison discussed with Ms. Caliva-Lepe removal of potential hazardous materials and the recommendations of the Phase I consultant. Comm. Harrison and Trudi Ryan, Planning Officer, discussed the General Plan policy requiring new developments to build to at least 75% of the maximum zoning density. Comm. Harrison confirmed with Ms. Ryan that the reduction in the number of units proposed from eight to seven would result in the applicant not making a contribution to the Below Market Rate (BMR) housing program. Vice Chair Olevson and staff discussed the measurement of setbacks, and discussed with Ms. Caliva-Lepe the availability of parking on the proposed site and around the existing neighborhood. Comm. Klein and Ms. Caliva-Lepe reviewed the Solid Waste Management Program and confirmed that trash trucks would have enough room to maneuver around. Comm. Klein also confirmed with Ms. Caliva-Lepe the square footage of impervious surface area and that it includes the private street. Chair Melton discussed with Ms. Caliva-Lepe the result of potentially shifting the ingress and egress of the project from Canary Drive to Homestead Road. Chair Melton confirmed with Ms. Caliva-Lepe that if the Planning Commission required the addition of a unit the project would have to be redesigned and the environmental documents redone. Chair Melton and Ms. Caliva-Lepe discussed the number of parking spaces required for single-family homes, and the number of vehicle accidents on Canary and Homestead within the last ten years. Chair Melton and Ms. Ryan discussed rezoning studies to evaluate the appropriateness of designated zones for a site. Comm. Klein and Ms. Ryan discussed factors that would warrant consideration of a traffic signal at Canary and Homestead. City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final May 28, 2014 Chair Melton opened the public hearing. Stephen Stapley, CEO of S&S Construction, presented information about the proposed project. Comm. Harrison discussed with Mr. Stapley his request to have, as an option, smooth stucco as a design feature. Comm. Durham confirmed with Mr. Stapley that he intends to have buyers lined up before project completion so they might have a choice on the style of finish and color palette. Comm. Durham confirmed with Ms. Ryan that parking on Homestead is limited to evenings only. Comm. Rheaume discussed with James Haney, project architect, the type of windows that would be used, and confirmed that the applicant would be amenable to working with staff on the windows to ensure the use of high-quality material. Mr. Haney requested the removal of the Condition of Approval (COA) that requires a two foot distance between the entry eave and the adjacent eave. Comm. Klein discussed the proposed features along the soundwall on Homestead with Mr. Haney. Ms. Caliva-Lepe added that climbing vine is required to soften the look of the wall. Chair Melton and Mr. Stapley discussed the market research that was conducted and led to the decision that single-family homes were more appropriate than townhomes. Chair Melton confirmed with Mr. Haney that the decision to build five bedrooms per unit was based on the size of the home. In response to Chair Melton's inquiry, Mr. Stapley provided background information about S&S Construction. Comm. Rheaume further discussed with Mr. Haney his request to remove the COA regarding the distance between eaves. Ms. Ryan clarified that the staff recommendation is a requirement for the reduction of window sizes and not necessarily changes in roof height. Tsing-Ping Chang, a Sunnyvale resident, said she represents 30 families living in the neighborhood around the project site, and asked the Commission to consider using Homestead for the sole entrance into the project. Mary Depew, a Sunnyvale resident, requested the reevaluation of the validity of the City of Sunnyvale Page 5 Planning Commission Meeting Minutes - Final May 28, 2014 zoning of the project site, and discussed her concern for potential traffic and parking impacts and where construction trucks will park. Martin Landzaat, a Sunnyvale resident, suggested a redesign of the project to come up with something better for this neighborhood. Mr. Stapley addressed the traffic and architectural concerns of the neighbors and Mr. Haney said the limitation of design styles was in response to a comment to use one style. Chair Melton closed the public hearing. Comm. Harrison and Ms. Ryan discussed factors that may warrant the consideration of changing a site's zoning, and discussed the Green Building measures the applicant is considering. Comm. Klein confirmed with Ms. Caliva-Lepe that the COA regarding the quality of the soundwall complies with the Citywide Design Guidelines, and discussed proposed landscaping along the wall. Comm. Klein discussed with Ms. Caliva-Lepe the COA requiring the applicant to submit a construction management plan that would review issues such as where construction crews would park and how construction noise would be mitigated. Ms. Ryan noted that the Planning Commission could add a COA to require a complaints coordinator with plans to specifically address construction staff. Vice Chair Olevson confirmed with Ms. Ryan that a roundabout was not considered for traffic calming near the new exit. Vice Chair Olevson moved to not approve the application. Chair Melton seconded. Vice Chair Olevson said the architecture is adequate for the area and fits in with the homes to the north and east, and that his concern lay with item two of the Special Development Permit that states the proposed use does not impair the existing uses of adjacent properties. He said the adjacent properties already fill the street with on-street parking, primarily the duplexes to the immediate west of this project. He said taking away existing uses is a real negative, and that looking at the width of the street of the proposed project and the lack of potential on-street parking, which homes to the north and east use copiously, he thinks there will be too many single-family homes. Chair Melton said he will be supporting the motion to decline the application. He City of Sunnyvale Page 6 Planning Commission Meeting Minutes - Final May 28, 2014 said he has been a Planning Commissioner for two years and cannot recall a residential development proposal that has generated so much public comment. He said he appreciates the comments the Commission has received, particularly the comment from the final speaker who said that we can do better on this project. He said he is experiencing great qualms about approving the project because there is an opportunity to do something better, and is concerned about insufficient internal parking as four and five bedroom units will create a higher demand for parking that may overflow onto Canary, which is already an impacted street. He said that while he understands the rationale for why the project was reduced to seven units, he is very uncomfortable with the fact that seven units would mean getting the project out of the BMR zone and losing half a million dollars in BMR funding. He said there is a great demand and need for affordable housing in the City and that his opinion is to conduct a zoning study to reevaluate the zoning of this property. He said he is not able to make a finding that the projecty is consistent with policy LT-4.4 to preserve and enhance the high quality and character of residential neighborhoods, and that this neighborhood is a great residential neighborhood with people who care about it and are engaged and want to make their neighborhood and Sunnyvale a great place to be. Comm. Klein said he will not be supporting the motion and understands the issues brought up by the Chair and Vice Chair, but that we cannot do on the spot zoning and the property is zoned as is. He said one of the previous issues was the mixture of French and Spanish style architectures and that it has now been reduced to one style. He said he fully understands the issue of parking in the area, but that the property is zoned R-2 and the applicant is meeting single-family requirements without asking for variances from the zoning code. He said the other alternative is to put egress on Homestead but that there is no frontage parking there, and people would conceivably be parking on Canary anyway. He said the traffic analysis says Canary is the appropriate place for egress and he understands the effect on the neighborhood. He said he commends the neighbors for speaking, and said the City Council ultimately makes the decision to rezone a site. He said that one of his recommendations for a condition would be to have staff reevaluate the intersection to see if a traffic light is necessary, but that there is nothing here that suggests to him that the project should not move forward, except that it is not meeting the 75% minimum number of units required on the site, which he thinks is a good thing. He said the neighbors may not like the configuration and exit onto Canary, but that it is close to the corner and there is adequate parking as required by Sunnyvale law, so he is in support of the project and not the motion. Comm. Durham said he will not be supporting the motion, and finds the project fits in with applicable zoning. He said regarding traffic getting off of Homestead and City of Sunnyvale Page 7 Planning Commission Meeting Minutes - Final May 28, 2014 onto Canary, drivers get breaks because there are two traffic lights on Bluejay and Blaney that allow left turns, and that he does not think the seven additional homes will increase traffic on Canary as most people coming from the project will be heading out onto Homestead. He said he is more concerned with people who may try to make a left onto Homestead but that there is a center turn lane that people can use. He said traffic seems to be reasonably safe based on collision reports from the Department of Public Safety, and that entry into the project will be the same number of spaces down and across from the second duplex and the density will be less than the properties on the west side. He said he suspects that a fair number of people who park on Canary are not using their interior parking spaces, and that it is not Sunnyvale's duty to pay for on-street parking when there are places on properties for parking. He said that while this project will increase the density, it will help transition from some of the other uses along the street, such as the daycare centers, and that he cannot imagine a better replacement for the corrigated metal shack that is on the property now. He said a lot of other areas in Sunnyvale are becoming even more dense than this area. Comm. Rheaume said he will not be supporting the motion, and that the applicant is meeting all of the requirements of the zone including the setbacks. He said during the study session the Commission had concerns, which the applicant addressed, including reducing the number of units from eleven, to nine and then to seven. He said the applicant has a right to develop the property, that it is a nice transition within the existing neighborhood and will be an enhancement to neighborhood when compared to the site's current state. He said that even if we would like to change the zoning of the site, he feels it is the Commission's responsibility to ensure the applicant is adhering to the current zoning which he thinks the applicant is doing. The motion falied by the following vote: YES: 2 - Chair Melton Vice Chair Olevson NO: 4 - Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume ABSENT: 1 - Commissioner Simons Comm. Harrison moved Alternative 2 to adopt the Mitigated Negative Declaration City of Sunnyvale Page 8 Planning Commission Meeting Minutes - Final May 28, 2014 and approve the Special Development Permit and Vesting Tentative Map with modified findings and conditions: 1) That buyers are allowed to choose the stucco texture they prefer; and 2) That the applicant pay the Below Market Rate fee they would have paid if they had proposed the required number of units. Comm. Rheaume seconded. Kathryn Berry, Assistant City Attorney, said that the Sunnyvale Municipal Code clearly states that only projects with eight or more units would be subject to the BMR fee, which cannot be imposed upon the applicant, who would have to agree to pay. She said that the exact amount of the fee is unknown. Ms. Ryan clarified the requirements for approval of the BMR fee. Comm. Harrison withdrew the motion. Comm. Klein moved Alternative 2 to adopt the Mitigated Negative Declaration and approve the Special Development Permit and Vesting Tentative Map with modified findings and conditions: (1) Add an option for smooth-textured stucco; (2) Add a Condition of Approval requiring a complaint coordinator for neighborhood issues; (3) Add a Condition of Approval requiring a designated parking area for construction vehicles; and (4) Suggest that staff do an appropriate traffic analysis for the intersection at Canary Drive and Homestead Road to determine whether a traffic signal is needed. Comm. Durham seconded. Comm. Klein said he commends the neighbors for coming out to speak and understands their concerns and that they care about their community. He said the Planning Commission is restricted by the current zoning and that it goes against policy to allow only seven units to be built here when there should be eight. He said he understands the issues with traffic and parking, and that hopefully staff will look at the intersection to see if a traffic signal is needed. He also said he understands traffic calming is already in place and a majority of traffic will not be going north, but will be going south toward Homestead, although it is still additional traffic in the neighborhood. He said he has an issue with being under the number of BMR units and that the rules of the City say fees cannot be imposed because of the fewer number of units. He said hopefully City Council will look more closely at it, and that the developer did reduce the number from nine to seven to achieve a better layout for the site with less impacts on the community. Comm. Klein said he City of Sunnyvale Page 9 Planning Commission Meeting Minutes - Final May 28, 2014 has concerns about the design and, generally, ongoing Spanish-style design in neighborhoods, of which the Commission has seen several projects with that form, and that when there are large conglomerations with that style of architecture they can all look too similar. He said hopefully the color and texture differences will liven up the architectural landscape, and that ultimately we have the zoning we have and the developer has rights to develop the R-2 zoning. He said the developer is meeting setback and other requirements, that the project should be good going forward, and that from a construction standpoint the rules in place, such as adding a complaint coordinator and dealing with parking issues may reduce the impact of the project. He said if there are issues the Planning Commission is one body and that neighbors have the opportunity to go to City Council. Comm. Durham said he seconded the motion for the same reasoning he denied the previous motion in that the project is reasonable for its setting and fits the zoning. He said he may not like some of the design and color palette, but that having most houses turned inward will mitigate the sameness issue that is bothering others. He said there is enough variation in the rest of the neighborhood and thinks this project will help that corner, and that he does not think it will be too bad in terms of traffic input. He said he appreciates the comments from the public and that it is good to see people come out and speak for their neighborhoods. Chair Melton said he will not be supporting motion and has no problem with the Mitigated Negative Declaration, but that he will be basing his no vote on policy LT4.4 for which he cannot make the recommended finding to preserve and enhance the high quality of a residential neighborhood. The motion falied by the following vote: YES: 3 - Commissioner Durham Commissioner Rheaume Commissioner Klein NO: 3 - Chair Melton Vice Chair Olevson Commissioner Harrison ABSENT: 1 - Commissioner Simons Chair Melton moved to continue the project to the Planning Commission meeting of June 9, 2014. City of Sunnyvale Page 10 Planning Commission Meeting Minutes - Final May 28, 2014 Vice Chair Olevson seconded. Chair Melton said this has been an interesting public hearing and that the Commission has had a motion to deny the project which was unsuccessful, then a motion to approve the project which was also unsuccessful. He said one tried and true method when there is a three-to-three vote is to push the item out to the next meeting. He said the usual number of Commissioners is seven so it is impossible to have a three-to-three tie if there are no abstentions, and that the next best course of action is to push the item out to the next meeting to get the seventh Commissioner's vote. Vice Chair Olevson said he echoes that it will take an odd number of votes so he will support pushing the item to the next available date. Comm. Durham said he supports pushing the item to June 9, but that if it is kicked to June 23, he will not be in attendance. MOTION: Chair Melton moved to continue the project to the Planning Commission meeting of June 9, 2014. Vice Chair Olevson seconded. The motion carried by the following vote: Yes: 6 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume No: 0 Absent: 1 - Commissioner Simons City of Sunnyvale Page 11 Planning Commission Meeting Minutes - Final May 28, 2014 3 14-0465 File #: 2013-7525 Location: 280 Santa Ana Ct. (APNs: 205-33-002, -005, -007, -009, -010, -011, -012, -013, -014) Zoning: M-S (Industrial and Service) Zoning District Proposed Project: CENTRAL & WOLFE CAMPUS PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) - PUBLIC COMMENTS The DEIR has evaluated related applications 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; Applications include a REZONE, DESIGN REVIEW, VESTING TENTATIVE MAP and a DEVELOPMENT AGREEMENT Applicant / Owner: Landbank Investments, LLC Environmental Review: Draft Environmental Impact Report (DEIR) Project Planner: David Hogan, (408) 730-7628, dhogan@sunnyvale.ca.gov Trudi Ryan, Planning Officer, noted that a public hearing for comments on a Draft Environmental Impact Report (DEIR) is not required for this item, that the City of Sunnyvale convenes this optional forum in front of the Planning Commission as an opportunity for the public to comment on the adequacy of the DEIR. Martin Landzaat, a Sunnyvale resident, said he read the document and finds it hard to believe that Central Expressway at Commercial Street is the worst, F-rated intersection that was reviewed. He said he drives Central everyday to work in Santa Clara and rarely sees anyone coming out from Commercial. Mr. Landzaat said he has looked into the data and in appendices C and B of what he considers a confusing document, on page 337, a disclaimer states that a one-hour signal warrant was conducted at the intersection and he wants them to do an eight hour warrant. Mr. Landzaat said he is against the signalization of Central and Commercial because he thinks it is short-sighted and that Central is not well-built. He said when you go over the bridge at Wolfe Road, which arches over like an eyebrow, if you are on the westbound side you cannot see to the other side until you are at the top of the bridge. He said if a light is installed at Commercial, traffic will back up and cause a traffic hazard. He said the same conditions exist at Lawrence, which also arches over and that there is a light at Oakmead, but that the distance between the top of Lawrence and Oakmead is much greater, about four-tenths of a mile. He said that at Commercial the distance is less and traffic will come up at 50 miles-per-hour and be expected to stop. He said at Lawrence a sign was recently added alerting drivers to watch for stopped vehicles which is like a deer crossing sign. He said one is always watching for stopped vehicles, but you cannot see them and it is a traffic hazard. Mr. Landzaat said the document claims City of Sunnyvale Page 12 Planning Commission Meeting Minutes - Final May 28, 2014 it will enhance safety but did not say what the safety enhancement is, and that he would like more alternatives to be considered for the site, such as retail and entertainment. He said Sunnyvale does not have a movie theater or a bowling alley, and that across the street there is a Lowes and he would love to see a Walmart there as well. He said that if you have been to Costco on the weekends, you know it is jam-packed, and that across the street there is a gentlemen's club and he would like to see more family-friendly entertainment such as a multiplex. He said it is embarrassing that you can get lap dance in Sunnyvale but cannot take your family to a movie or a bowling alley, and that he asks that more alternatives that we need are c onsidered. Comm. Klein asked if staff prefers verbal or written comments, to which Ms. Ryan responded that written format is preferred because it allows the person expressing the opinion to elaborate on their concerns, whereas spoken comments are not as easy to interpret. She said no one is precluded from doing both. In response to Comm. Klein's inquiry, Ms. Ryan said Monday, June 2 at 5:00 p.m. is the end of the 45-day comment period. Comm. Klein said he has read many Environmental Impact Reports (EIR), most of which have been from a mitigation standpoint internal to the City of Sunnyvale and did not require approval from outside agencies. He said because it is Central Expressway, there may be conflict if there are mitigation possibilities that cannot be implemented because the outside public agency may not grant approval. He said his second issue is that adding a four-way traffic light on Central would increase carbon emissions because of idling cars at the light, which does not exist now. He said as of now the idling cars are those trying to get from Commercial onto Central, and that this is the first time he has seen a mitigation measure cause other issues that will also need to be mitigated. Comm. Klein said the requirement to put a traffic light there that may increase air emissions seems to be going in the wrong direction. He said the alternative of an overpass did not seem like a mitigated plan from the EIR, and that there are two ways to deal with traffic at that location, one of which is to put a stop light there and the other is to install an overpass. He said you would have queuing in the on-ramps or the side street itself and you still get the benefits of pedestrian access under Central if it is an overpass, and that he did not see that alternative in the document. Comm. Durham said he has some concerns with Central Expressway and would like to see data on how putting a four-way traffic light there actually increases the flow of traffic, and would also like to see data on the safety issues in the area. He said there are other ways to deal with traffic that can be proposed without adding another traffic light system. City of Sunnyvale Page 13 Planning Commission Meeting Minutes - Final May 28, 2014 Comm. Harrison said she may have missed the discussion regarding how a four-way traffic light improves traffic flow, to which Ms. Ryan replied that she will not explain it, but can have the Traffic staff speak generally about it at a future meeting. Ms. Ryan clarified that what is proposed is a four-way traffic signal and not a four-way stop sign. Chair Melton closed the agenda item. City of Sunnyvale Page 14 Planning Commission Meeting Minutes - Final May 28, 2014 4 14-0524 Review Planning Program Budget and Fees Trudi Ryan, Planning Officer, described the budget review process and discussed the budget documents. Comm. Harrison noted that the proposed costs of the 2014-2015 fiscal year are less than the spending budget for the current fiscal year, and said that in some cases, the costs are less than the actual budget for the fiscal year prior. Ms. Ryan explained that, although hours have been added and the number of staff will not change, the total number of hours is less because some hours are currently budgeted in the Planning program that will be budgeted in a Leave program in the future. Ms. Ryan said that in terms of the actual budget, hours have been shifted around where activity levels are high. Comm. Harrison said that in this building environment she does not think there will be fewer applications, with which Ms. Ryan agreed and said that it is one of the values of the enterprise fund for development services. Ms. Ryan said because the funds are isolated and can only be used for development services, should the Building or Planning Divisions become very busy, staff levels may increase or decrease if approved by the City Council. Comm. Harrison commented on the recommended performance indicators being more indicative of things that can be controlled and measured than the current indicators. Vice Chair Olevson confirmed with Ms. Ryan that the structure of management in the Planning Division is not being proposed to change in the recommended budget. Vice Chair Olevson said he is concerned that sufficient staff is not being budgeted for the orderly preparation and dissemination of the materials presented to the Planning Commission. He noted that increased staffing may occur if there is a high volume of work, and suggested adding one or two more staff members to allow the Planning Commission adequate time to understand the projects being proposed. Chair Melton said he appreicates the effort from the Finance Department and Planning Division, and said he prefers to relay the Planning Commission's comments to the City Council rather than give individual comments. MOTION: Comm. Klein moved to forward these comments to the City Council for their consideration. Vice Chair Olevson seconded. The motion carried by the following vote: City of Sunnyvale Page 15 Planning Commission Meeting Minutes - Final May 28, 2014 Yes: 6 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume No: 0 Absent: 1 - Commissioner Simons 5 14-0538 Standing Item: Potential Study Issues for 2015 Comm. Harrison suggested a study issue to evaluate the application of the Below Market Rate fee to all residential development projects regardless of the number of units and to home additions over a certain square footage. NON-AGENDA ITEMS AND COMMENTS COMMISSIONER ORAL COMMENTS Chair Melton thanked staff for the recent joint study sessions with the Housing and Human Services Commission and the City Council. He congratulated Comms. Rheaume and Harrison on their reappointment to the Planning Commission. STAFF ORAL COMMENTS Ms. Ryan congratulated Comms. Rheaume and Harrison on their reappointment to the Planning Commission. Following-up on comments from the Commissioners at a previous meeting, Ms. Ryan said that speed studies on Fair Oaks Avenue have already been conducted and the City will reduce the speed limit to 40 miles-per-hour which can be revisited in the future. Ms. Ryan also discussed Planning-related items recently heard by the City Council. INFORMATION ONLY ITEMS None. ADJOURNMENT With no further business, Chair Melton adjourned the Planning Commission meeting at 10:28 p.m. City of Sunnyvale Page 16

Agenda

City of Sunnyvale Notice and Agenda - Final Planning Commission Wednesday, May 28, 2014 7:00 PM West Conference Room and Council Chambers, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 SPECIAL MEETING DAY DUE TO CITY'S OBSERVANCE OF MEMORIAL DAY 7:00 p.m. Study Session - West Conference Room 8:00 p.m. Public Hearing - Council Chambers 7:00 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE ROOM 1 14-0554 File #: 2013-7860 Location: 479 N. Pastoria Avenue (APN: 165-30-002): Zoning: M-S (Industrial and Service) Zoning District Proposed Project: Discussion and Possible Action on an application for a 2.17-acre site: USE PERMIT to allow a new 52,394 square foot, four-story office/R&D building and a two-level parking structure resulting in approximately 55% Floor Area Ratio. Applicant / Owner: ArchiRender Architects / Peery-Arrillaga Environmental Review: Mitigated Negative Declaration Staff Contact: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov 2 14-0555 File #: 2014-7114 Location: 815 W. Maude Ave. (APN: 165-41-033): Zoning: M-S (Industrial and Service) Zoning District Proposed Project: Discussion and Possible Action on an application for a 0.97-acre site: USE PERMIT to allow a new 23,340 square foot, three-story office/R&D building resulting in approximately 55% Floor Area Ratio, VARIANCE to allow a 25-foot front setback along Maude Avenue, where 35 feet minimum is required. Applicant / Owner: ArchiRender Architects / Fregida, LLC Environmental Review: Mitigated Negative Declaration Staff Contact: Noren Caliva-Lepe, 408-730-7659, ncaliva-lepe@sunnyvale.ca.gov 3 Public Comment on Study Session Agenda Items City of Sunnyvale Page 1 Printed on 5/23/2014 Planning Commission Notice and Agenda - Final May 28, 2014 4 Comments from the Chair 5 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 1.A 14-0525 Approval of the Draft Minutes of the Planning Commission Meeting of April 28, 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 City of Sunnyvale Page 2 Printed on 5/23/2014 Planning Commission Notice and Agenda - Final May 28, 2014 2 14-0535 File #: 2013-8029 Location: 523 E. Homestead Road (APNs: 309-44-003, 309-44-049, 309-44-050) Proposed Project: Related applications on a 0.9-acre site: SPECIAL DEVELOPMENT PERMIT: to allow 7 single-family homes, and VESTING TENTATIVE MAP: to create 7 ownership lots. Applicant / Owner: S&S Construction, LLC/Louis Mariani Trustee Environmental Review: Mitigated Negative Declaration Project Planner: Noren Caliva-Lepe, (408) 730-7659, ncaliva-lepe@sunnyvale.ca.gov 3 14-0465 File #: 2013-7525 Location: 280 Santa Ana Ct. (APNs: 205-33-002, -005, -007, -009, -010, -011, -012, -013, -014) Zoning: M-S (Industrial and Service) Zoning District Proposed Project: CENTRAL & WOLFE CAMPUS PROJECT DRAFT ENVIRONMENTAL IMPACT REPORT (DEIR) - PUBLIC COMMENTS The DEIR has evaluated related applications 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; Applications include a REZONE, DESIGN REVIEW, VESTING TENTATIVE MAP and a DEVELOPMENT AGREEMENT Applicant / Owner: Landbank Investments, LLC Environmental Review: Draft Environmental Impact Report (DEIR) Project Planner: David Hogan, (408) 730-7628, dhogan@sunnyvale.ca.gov 4 14-0524 Review Planning Program Budget and Fees 5 14-0538 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 3 Printed on 5/23/2014 Planning Commission Notice and Agenda - Final May 28, 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. Planning a presentation for a Planning Commission meeting? To help you prepare and deliver your public comments, please review the "Presenting to the City Council or Planning Commission" document available at Presentations.inSunnyvale.com. 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 4 Printed on 5/23/2014

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