Planning Commission

City of Sunnyvale Meeting Minutes - Final Planning Commission Monday, July 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 14-0686 File #: 2014-7434 Location: Citywide Proposed Project: Consideration of Appeal Process for Land Use Projects Staff Contact: Rosemarie Zulueta, (408) 730-7437, rzulueta@sunnyvale.ca.gov 2 14-0638 File #: 2014-7423 Location: 1071 Noriega Ave. (APN: 161-37-017) Proposed Project: SPECIAL DEVELOPMENT PERMIT to allow ten residential townhouse units. TENTATIVE MAP to subdivide one lot into ten lots. Applicant / Owner: Classic Communities / Classic 1071 Noriega LP Environmental Review: Mitigated Negative Declaration Staff Contact: Shaunn Mendrin, (408) 730-7429, smendrin@sunnyvale.ca.gov 3 Public Comment on Study Session Agenda Items 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. City of Sunnyvale Page 1 Planning Commission Meeting Minutes - Final July 28, 2014 ROLL CALL Present: 7 - Chair Russell Melton Vice Chair Ken Olevson Commissioner Ralph Durham Commissioner Sue Harrison Commissioner Larry Klein Commissioner Ken Rheaume Commissioner David Simons PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS CONSENT CALENDAR 1.A 14-0735 Approval of the Draft Minutes of the Planning Commission Meeting of July 14, 2014 Comm. Durham moved to approve the draft minutes. Comm. Harrison seconded. The motion carried by the following vote: Yes: 7 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume Commissioner Simons No: 0 PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 2 Planning Commission Meeting Minutes - Final July 28, 2014 2 14-0664 Adopt a Resolution to Update the Green Building Program for Residential Projects, Non-Residential Projects and Public Facilities Staff Contact: Andrew Miner, (408) 730-7707, aminer@sunnyvale.ca.gov Andrew Miner, Principal Planner, presented the staff report. Comm. Klein and Mr. Miner discussed the reason staff is recommending increasing the LEED silver threshold from 25,000 to 100,000 square feet for non-residential projects, and confirmed that this recommendation is based on administrative research. Comm. Harrison confirmed with Mr. Miner that residential projects would go only to a Greenpoint rater for checking, and discussed the reason they would not go to Build it Green for certification. Comm. Harrison and staff also discussed examples of what other cities do. Comm. Simons confirmed with Mr. Miner that as part of the recommended process, projects would still come before the Planning Commission before going to City Council, and confirmed that a concern of the Moffett Park Business Group (MPBG) was ensuring that the standards would be locked in. Comm. Simons discussed with Trudi Ryan, Planning Officer, the potential creation of a list of additional, unspecified green building features that could be used to raise a project's rating. Vice Chair Olevson commented on other agencies increasing their standards and said he sees no reason for the City to do the same, to which Mr. Miner explained that the City is trying to maintain success in a leading way. Vice Chair Olevson and Ms. Ryan discussed the proposed standard of City Council making the decision to approve the additional 10% above zoning in Moffett Park. Vice Chair Olevson confirmed with Mr. Miner that there are no data points demonstrating the City's loss of position as a leader if the Green Building program is not updated. Comm. Durham confirmed with Mr. Miner that the City will revisit the Green Building program regularly. Chair Melton opened the public hearing. Dennis Martin, with NAIOP Silicon Valley, said he supports the staff recommendation and urged Planning Commission support. Comm. Simons asked Mr. Martin about client preference for Class A buildings, to which Mr. Martin replied that many brokers say companies look for the best in energy efficiency. Comm. Harrison confirmed with Mr. Martin that employee preference for energy efficient City of Sunnyvale Page 3 Planning Commission Meeting Minutes - Final July 28, 2014 buildings is a factor influencing the location chosen by businesses. Janette D'Elia, the COO of Jay Paul Company, said that while she supports the staff recommendation, she also feels the current program works and would not object to maintaining existing standards. Tom Gilman, with DES Architects, discussed the increase in efficiency when going from current LEED to LEED 4.0 and asked the Commission to consider having as much flexibility and creativity in the Special Development Permit approach in terms of the kind of elements that would be considered. Comm. Harrison and Mr. Gilman discussed how builders are meeting rising standards. Chair Melton closed the public hearing. Comm. Klein discussed with Mr. Miner the Sustainability Commission's suggested addition of compliance with the current standards if an extension of time is requested. Comm. Simons confirmed with Ms. Ryan that initial tenant improvements will need to match the core and shell. Comm. Simons moved to recommend to City Council Alternative 1 with the additional recommendation that staff consider creating the green building features list that collects creative methods past projects have used to raise their ratings. Comm. Harrison seconded. Comm. Simons said we are not talking about small businesses but large developments meeting these higher levels of LEED certification, and that there is the potential to improve a lot of things in the City. He said it is nice to get feedback from architects and the community about the impact of leasing this kind of product that is being built in Sunnyvale, which has for 15 years been transforming from Class C to Class A as a central place in Silicon Valley for R&D office and more environmental, compact and vertical designs. He said this has been well though out and likes the modifications, and said most people were concerned about the push at the very beginning but thinks it has been mitigated by some of the changes in this proposal. Comm. Harrison said that because she works in the green building field in the residential arena she is familiar with the things home owners and builders go through, and that her experience with architects and realtors demonstrates that the City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final July 28, 2014 industry does respond, understand, participate in and contribute to these programs. She said homeowners like having improved air quality and lower utility bills. Comm. Harrison also said she understands standards are getting stiffer and that she looks forward to the day when we do not have to have additional standards beyond the building code, and that for the time being this is something that helps our community. Comm. Klein offered a friendly amendment lowering the threshold between LEED silver and gold to 75,000 square feet. Comm. Simons discussed the impact of lowering the threshold with staff. Mr. Miner said smaller projects would have stiffer requirements, but that 75,000 is not an unreasonable number. Comm. Simons commented on seeing many buildings coming in at 60,000 square feet and asked if they were getting larger, to which Ms. Ryan replied that across the board there are different sizes and that sizes vary by neighborhood. Comm. Klein said when the Commission initially reviewed the proposal the threshold was 25,000 square feet and that while he thinks 75,000 is still a large number, it is an acceptable threshold. Comm. Simons and Comm. Harrison accepted the friendly amendment. Comm. Klein said he will be supporting the motion and that the green building rules are a continuation of many years of development in the City. He said he is happy to see where we have come since first starting out and approving green building requirements, especially for Moffett Park, and that to now see it spread throughout the City into residential, this basically codifies what we have envisioned. He said he looks forward to the program moving forward and taking effect within the City. Comm. Durham said he will be supporting the motion, and that he was originally on the fence but feels much more comfortable with using LEED and CalGreen standards as the two are increasing in environmental friendliness. He said it seems to be working and getting better buildings, and that he likes the new date of locking in the requirements. Vice Chair Olevson said he will not be supporting the motion and that the public speakers with skin in the game noted that we are already leaders. He said one of the developers commented on the new standards being so stiff that buildings just now being completed do not meet new standards for LEED certification at the level of the previous ones. He noted that the staff report said we have been the leader with existing standards, and that CalGreen, Build it Green and LEED are substantially raising the standards and he does not see why we, as a governing body, need to add to that. He said the City's policy is to review the standards periodically to ensure leadership and he has not seen anything saying we need to City of Sunnyvale Page 5 Planning Commission Meeting Minutes - Final July 28, 2014 change our standards because it has been done for us. Comm. Rheamue said he will be supporting the motion and agrees with Vice Chair Olevson that there is no need to raise the bar when other agencies are raising standards, but with the staff comments about LEED being cheaper and easier to obtain, he believes we have the responsibility to remain the leader and continue to keep the bar high. He said we are not creating more land and that our land is very valuable so keeping the bar high is in our best interest. Comm. Rheaume thanked staff and said that because they have kept the bar high, and although some developers may feel the bar is too high, we may be able to agree that some products are a success and we get a better product for the City, developers and tenants. Chair Melton said he will be supporting the motion, that he has heard a lot of good comments from the Commissioners that he agrees with, and that it boils down to City policy to maintain leadership in this regard. He said hats off to City staff for getting us to a better place than where we were months ago, and that what seals the deal for him are the letters from Jay Paul Compay, the MPBG, DES Architects and NAIOP, which show that they have gotten to a place where they can support Alternative 1, so he is comfortable with this recommendation going to City Council. MOTION: Comm. Simons moved to recommend to City Council Alternative 2 to Adopt the Resolution in Attachment 1 to Update the Green Building Tables for Residential Buildings, Non-Residential Projects, and Public Facilities with modifications: 1) To recommend staff consider creating a list of creative methods that previous projects used to add green building features; and 2) Lowering the threshold between LEED Silver and Gold from 100,000 square feet to 75,000 square feet. Comm. Harrison seconded. The motion carried by the following vote: Yes: 6 - Chair Melton Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume Commissioner Simons No: 1 - Vice Chair Olevson City of Sunnyvale Page 6 Planning Commission Meeting Minutes - Final July 28, 2014 3 14-0674 File #: 2014-7361 Location: 199 N. Sunnyvale Ave. (APN: 204-49-001) Zoning: R-2/PD Proposed Project: Related applications on a 0.1291-acre site: SPECIAL DEVELOPMENT PERMIT: to allow construction of a new two-story, single-family home with attached garage in an R-2/PD (Low-Medium Density/ Planned Development) Zoning District TENTATIVE MAP: to subdivide one lot into two lots. Applicant / Owner: D & Z Design Associates (applicant) / Mohsen Rahbar (owner) Environmental Review: Mitigated Negative Declaration Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov Gerri Caruso, Principal Planner, presented the staff report. Comm. Harrison verified with Ms. Caruso that positive feedback was received at the outreach meetings with area residents. Comm. Rheaume discussed with Ms. Caruso the proposed site layout and compared it with a previously reviewed plan for three homes on the site. Vice Chair Olevson confirmed with Ms. Caruso that the current project would not be built over an existing easement, and that the remodel of the existing home on the site was approved at the staff level. Chair Melton opened the public hearing. Scott Zazueta, with D & Z Design Associates, gave a presentation on the project details and feedback received from the neighbors. Comm. Rheaume said he is glad that the number of proposed homes has been reduced, and discussed with Mr. Zazueta options for the style of windows that will be used on the proposed home. Comm. Rheaume expressed concern for the quality and style of the windows used on the existing home. Chair Melton closed the public hearing. Chair Melton verifed with Ms. Caruso that a Mitigated Negative Declaration was filed for this project. City of Sunnyvale Page 7 Planning Commission Meeting Minutes - Final July 28, 2014 Comm. Simons discussed with Ms. Caruso the specification for the density of fencing and how it would serve as a sound barrier. Comm. Klein moved Alternative 1 to adopt the Mitigated Negative Declaration and approve the Special Development Permit and Parcel Map with the recommended conditions. Comm. Rheaume said he will second the motion, and offered a friendly amendment that the applicant incorporate Spanish-style architecture and higher quality for the windows, which should include the same style, color and grids depicted in Attachment 6. Comm. Klein accepted the friendly amendment. Comm. Klein said he was able to make the findings, and that he was on the Planning Commission when the original application for three buildings was received. He said there were a lot of issues and redesigns then because they were trying to get three homes on a single site, and that he is happy to see that the final design is saving an old building and the unique windows, which is a big bonus for the community. He said splitting the site into two homes is difficult and makes a relatively small lot, and noted that there are policies for reviewing that. He said the project did require some deviations from the code, but that the reduced front yard setback is a feature of all the homes along California Avenue so he has no issues with that. He said the side setbacks are maintained and the second level is the only issue. He said overall the design looks good and will complement the architecture of the existing home that is being remodeled, and that he, and likely many neighbors, are happy to see that the applicant is keeping the old architecture and supplying what the property owner wanted in terms of splitting the lot and adding a second home. He said he is looking forward to the project moving forward and seeing the final new home on this site. Comm. Rheaume said he can make the findings and is glad to see the number reduced from three to two homes on this site. He said he is also glad that the design kept some of the unique features of the existing home like the rounded windows, and that overall this site will look much nicer than if three houses were built. He said the higher quality windows will make the home a much nicer product to sell and will be an enhancement to neighbors and to Sunnyvale. Vice Chair Olevson said he will be supporting the motion and can make the findings, especially 4.4A that this project will enhance and be compatible with the neighborhood. He said he drove by and saw the current remodel and compared City of Sunnyvale Page 8 Planning Commission Meeting Minutes - Final July 28, 2014 that to the drawings for the additional lot and thinks it will be nice addition. He said the Conditions of Approval are such that the few negatives will be adequately mitigated. Chair Melton said he will be enthusiastically supporting the motion and can make the findings. He said the project will be a nice injection of capital into, and a good visual upgrade to the neighborhood. He said it will add one unit to the City's housing stock which is important, and that like a lot of people, there may have been some raised eyebrows at the design with three lots and that two is heading in a wiser direction. He noted that it is very helpful that the applicant made such robust community outreach to ensure neighbors are aware of and onboard with the project. MOTION: Comm. Klein moved Alternative 2 to adopt the Mitigated Negative Declaration and approve the Special Development Permit and Parcel Map with modified conditions: 1) That the applicant incorporates Spanish-style architecture and higher quality for the windows and includes the same style, color and grids depicted in Attachment 6. Comm. Rheaume seconded. The motion carried by the following vote: Yes: 7 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume Commissioner Simons No: 0 City of Sunnyvale Page 9 Planning Commission Meeting Minutes - Final July 28, 2014 4 14-0676 File #: 2014-7419 Location: 680 & 698 E Taylor Ave (APNs: 205-30-022, 023, 024 & 003) Zoning: R3/PD Proposed Project: Related applications on a 0.70 acre site: SPECIAL DEVELOPMENT PERMIT to allow a modification to Special Development Permit 2013-7272 to add 18 new townhouse units and one recreation building located at 680 E. Taylor Avenue to the previously approved project located at 698 E. Taylor Avenue (SDP 2013-7272); and TENTATIVE MAP to subdivide 680 E Taylor Avenue into three lots and merge the development into the previously approved 698 E Taylor Avenue project and the project includes modifications to the 698 E. Taylor Avenue Tentative Map subdivision to allow map phasing and filing of multiple final maps. Applicant / Owner: Warmington Residential CA / Csaba W and Marta M Mester Trustee Environmental Review: Mitigated Negative Declaration Project Planner: Shaunn Mendrin, (408) 730-7429, smendrin@sunnyvale.ca.gov Trudi Ryan, Planning Officer, presented staff report. Comm. Rheaume discussed with Ms. Ryan the number of tandem parking spaces within the existing development and the newly-proposed portion of the project. Comm. Durham confirmed with Ms. Ryan the sections that have been added and discussed the required minimum square footage of the community building. Comm. Harrison verified with Ms. Ryan that there are centralized trash enclosures for this project, and confirmed that the site is currently industrially developed property, which may have contributed to the presence of fuel-related volatile organic compounds (VOC). Comm. Rheaume and Ms. Ryan discussed the Santa Clara Valley Water District's (SCVWD) support of the joint use of the trail behind the property subsequent to the applicant repairing it. Chair Melton opened the public hearing. Rodger Miller, with Warmington Residential, discussed project details and addressed the Commissioners' concerns. City of Sunnyvale Page 10 Planning Commission Meeting Minutes - Final July 28, 2014 Comm. Harrison and Mr. Miller discussed whether potential fuel-related odors in the bedrooms that are adjacent to garages would be mitigated. Vice Chair Olevson discussed with Don Ruthroff, the project architect, the architecture of the community building. Vice Chair Olevson confirmed with Mr. Miller that he is amenable to adding landscaping around the cell towers if they are not removed when planned. Comm. Klein and Mr. Miller discussed the intended time between phase 1 and 2, and the reasoning behind why some buildings seem out of place in terms of phasing. Comm. Klein confirmed with Mr. Miller that he is willing to consider a skylight for the community building. Comm. Durham discussed with Mr. Miller how long the construction process would be from phase 1 through phase 2. Mr. Miller thanked the staff for their work on the project. Chair Melton closed the public hearing. Ms. Ryan corrected her earlier comment regarding the number of tandem spaces, and confirmed the size of the community building and the use of centralized trash enclosures. Vice Chair Olevson moved Alternative 1 to adopt the Mitigated Negative Declaration and approve the Special Development Permit to allow a modification to Special Development Permit 2013-7272 to add 18 new townhouse units and one recreation building located at 680 E. Taylor Avenue to the previously approved project (2013-7272); to approve a Vesting Tentative Map to subdivide 680 E. Taylor Avenue into three lots and merge the development into the previously approved 698 E. Taylor Avenue project; and to approve the modifications to the 698 E. Taylor Avenue Tentative Map subdivision to allow map phasing and filing of multiple final maps with attached conditions, and with an additional requirement that if the cell tower issue is not resolved by completion of phase 1 and 2, construction cannot start on phase 3 within six months and the project will require groundcover for phase 3 until the project can continue. Comm. Rheaume seconded. Vice Chair Olevson said that when the Planning Commission approved phases 1 and 2, they had encouraged and hoped the applicant would add more parcels to City of Sunnyvale Page 11 Planning Commission Meeting Minutes - Final July 28, 2014 the project and enhance this part of Sunnyvale. He said it is pleasing to see that that has been accomplished, and that the project was good when it was first approved and looks like it will be even better. He said he is hoping a resolution of the cell tower issue can be accomplished before phases 1 and 2 are complete, however if it is not due deference should be given to the new owners of phases 1 and 2 so that they do not have this blank area as an eye sore. Comm. Rheaume said he was not here for the first approval, but that he likes the project. He said it is a unique, quality project and he likes that fact that it is not all stucco. He added that there are a lot of developments in that area and that this one will stand out, and that taking advantage of working with the Water District for the right-of-way and adding a bike trail is an added bonus and will be a nice addition to the neighborhood. Comm. Klein offered a friendly amendment to have the developer and staff look at the feasibility of adding a skylight to the community building for additional light. Vice Chair Olevson and Comm. Rheaume accepted. Comm. Klein said he will be supporting the motion, but still has a question about the different phases. He said the sooner the community building can be provided it will help build a community there as units are sold and there is a place to congregate. He said the project will be a great addition and that once the bike and walking trail open people who live there will enjoy being close to amenities. Comm. Simons said it is interesting watching the completion of the industrial-to-residential (ITR) area, and that some of the issues that will be going away are noise abatement from previous manufacturing sites. He said he is happy the consideration of extra natural light in the community room will be added, that this is a good looking project, and that he likes that it is not just one little parcel. He said the larger project makes for a much nicer neighborhood with people who will see each other on a regular basis, and that he will be supporting the motion. Comm. Harrison said she will be supporting the motion and echoes everything else that has been said. She said she appreciates the energy star rating on the project as it addresses the issue of in-door air quality. Comm. Durham said he will be supporting the motion and can make the findings for the addition to the development. He said this is a good addition to the area and that it will stand out among the others. He said it will look good especially for those using the trail when it is completed, that he is happy the block will be filled in and City of Sunnyvale Page 12 Planning Commission Meeting Minutes - Final July 28, 2014 that it will be an improvement for Sunnyvale. Chair Melton said he will be supporting the motion, that he loves this project for its sumptuous architectural detail on the exterior, the color, the rooflines and that he is glad more of this is coming to fruition. He said he can make the findings, and that it is exciting that this ITR area is filling up with high quality housing units. He said when the Planning Commission saw the project for the first time around it was agreed that it would be nice to do some parcelization and add on to the project and that now we are seeing it come to fruition. He said he hopes the issue with the cell tower is resolved quickly, and that at the earlier study session tonight they had seen from a different developer initial drawings for a residential project that are similar to this in terms of architectural detail, and he hopes to see more of these high quality projects. MOTION: Vice Chair Olevson moved Alternative 2 to adopt the Mitigated Negative Declaration and approve the Special Development Permit to allow a modification to Special Development Permit 2013-7272 to add 18 new townhouse units and one recreation building located at 680 E. Taylor Avenue to to the previously approved project (2013-7272); and approve a Vesting Tentative Map to subdivide 680 E. Taylor Avenue into three lots and merge the development into the previously approved 698 E. Taylor Avenue project; and approve the modifications to the 698 E. Taylor Avenue Tentative Map subdivision to allow map phasing and filing of multiple final maps with modified conditions: 1) Require groundcover on Phase 3 property if construction on Phases 1 and 2 is complete. 2) The applicant shall consider the feasibility of adding skylights to the new recreation building. Comm. Rheaume seconded. The motion carried by the following vote: Yes: 7 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume Commissioner Simons No: 0 5 14-0736 Standing Item: Potential Study Issues for 2015 None. City of Sunnyvale Page 13 Planning Commission Meeting Minutes - Final July 28, 2014 NON-AGENDA ITEMS AND COMMENTS Commissioner Comments None. Staff Comments Trudi Ryan, Planning Officer, discussed upcoming Planning items and those recently heard by City Council. INFORMATION ONLY ITEMS None. ADJOURNMENT With no futher business Chair Melton adjourned the meeting at 10:01 p.m. City of Sunnyvale Page 14