Planning Commission
Regular MeetingSunnyvale, CA · October 13, 2014
Minutes
City of Sunnyvale
Meeting Minutes - Final
Planning Commission
Monday, October 13, 2014 6:30 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
6:30 - 7:00 P.M. - PLANNING COMMISSION STUDY SESSION - WEST
CONFERENCE ROOM
1 14-0979 File #: 2014-7486
Location: 238 Carroll Street (APN: 209-10-064)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow 24 residential
condominium units.
VESTING TENTATIVE MAP for 24 residential condominiums
and one common lot.
Applicant / Owner: Classic Communities / Classic 238 Carroll L.P.
Environmental Review: Mitigated Negative Declaration
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
7:00 - 8:00 P.M. - JOINT STUDY SESSION - PLANNING & HOUSING AND HUMAN
SERVICES COMMISSIONS - WEST CONFERENCE ROOM
2 14-0791 Housing Mitigation Fee Nexus Study Findings and Alternatives
Staff Contact: Suzanne Isé, (408) 730-7698, sise@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 8:02 p.m.
SALUTE TO THE FLAG
Chair Melton led the salute to the flag.
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Planning Commission Meeting Minutes - Final October 13, 2014
ROLL CALL
Present: 6 - Chair Russell Melton
Commissioner Ralph Durham
Commissioner Sue Harrison
Commissioner Larry Klein
Commissioner Ken Rheaume
Commissioner David Simons
Absent: 1 - Vice Chair Ken Olevson
PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS
None.
CONSENT CALENDAR
1.A 14-0980 Approval of the Draft Minutes of the Planning Commission
Meeting of September 22, 2014
Comm. Klein moved to approve the draft minutes. Comm. Durham seconded. The
motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Durham
Commissioner Harrison
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
No: 0
Absent: 1 - Vice Chair Olevson
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Planning Commission Meeting Minutes - Final October 13, 2014
1.B 14-0952 File #: 2014-7767
Location: 871 Rubis Drive (APN: 201-24-048 )
Zoning: R-0 (Low Density Residential) Zoning District
Proposed Project:
DESIGN REVIEW: to allow a 579-square foot first and second
story addition to an existing two-story home for a total floor
area of 3,231 square feet (2,752 square feet living area and
429 square feet garage) and a Floor Area Ratio of 53.6%.
Applicant / Owner: West Designs (applicant) / Kreisler and Barbara
Lau (owner)
Environmental Review: Categorically Exempt Class 1
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijma@sunnyvale.ca.gov
Comm. Klein moved to approve this item on the Consent Calendar. Comm.
Durham seconded. The motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Durham
Commissioner Harrison
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
No: 0
Absent: 1 - Vice Chair Olevson
1.C 14-0981 File #: 2014-7730
Location: 1384 La Bella Ave. (APN: 323-08-019)
Proposed Project:
DESIGN REVIEW to allow two accessory structures in the rear
yard totaling 373 square feet, resulting in 4,296 square feet
(existing 3,492 square feet living area and 431 square feet
garage unchanged) and 44.6% floor area ratio (FAR).
Applicant / Owner: Janet George
Environmental Review: Categorically Exempt Class 1
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
Comm. Klein moved to approve this item on the Consent Calendar. Comm.
Durham seconded. Chair Melton said he will be pressing the yes button on items
1.A and 1.B and will be abstaining on item 1.C as a property he owns is 502 feet
from the subject property. The motion carried by the following vote:
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Planning Commission Meeting Minutes - Final October 13, 2014
Yes: 5 - Commissioner Durham
Commissioner Harrison
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
No: 0
Absent: 1 - Vice Chair Olevson
Abstained: 1 - Chair Melton
PUBLIC HEARINGS/GENERAL BUSINESS
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Planning Commission Meeting Minutes - Final October 13, 2014
2 14-0959 File #: 2014-7624
Location: 1026 Lois Avenue (APN: 198-34-011)
Zoning: R-0
Proposed Project: A new two-story home with a total floor area of
2,996 square feet (2,569 square feet living area and 427 square feet
garage) resulting in 50% floor area ratio.
Applicant / Owner: BO Design (applicant) / Haiyan Gong (owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
Gerri Caruso, Principal Planner, presented the staff report.
Comm. Harrison confirmed with Ms. Caruso that staff recommends reducing the
entry and living room plate heights to 10 feet.
Comm. Klein confirmed with Ms. Caruso that the changes in sill height adequately
address the neighbors' privacy concerns, and that there were no questions from
neighbors or issues with the balcony.
Comm. Rheaume asked if the long windows on the left elevation are part of the
stairway, and verified with Ms. Caruso that half-round windows are in the living
room, and discussed the proposed removal of a tree in the rear of the home.
Comm. Durham confirmed with Ms. Caruso that the balcony on the second floor
would not be counted in the Floor Area Ratio (FAR) if it is covered. Comm. Durham
stated that removing the tree would reduce privacy, and commented on reducing
the size of the home.
In response to Comm. Rheaume's earlier question, Trudi Ryan, Planning Officer,
explained that the long window on left elevation is part of the stairway.
Chair Melton confirmed wtih Ms. Caruso that the applicant is aware that staff is
recommending denial of the design review and that an appeal of a decision would
go to City Council unless the project is redesigned.
Chair Melton opened the public hearing.
Frank Gong, the property owner, gave a presentation on the proposed project.
Chair Melton discussed with Mr. Gong reducing the size of the home and lowering
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Planning Commission Meeting Minutes - Final October 13, 2014
the roofline.
David Mokhber, a nearby Sunnyvale resident, discussed his concern about the
mass of the proposed building and potential privacy issues. Comm. Durham and
Mr. Mokhber discussed using frosted windows to add privacy.
Jeanne Waldman, a nearby Sunnyvale resident, discussed her opposition to the
proposed project and said the general feel of the neighborhood is to keep it
single-story. Comm. Simons and Ms. Waldman discussed the option for a
single-story overlay district.
Ganesan Venkataraman, a nearby Sunnyvale resident, commented on his
preference to maintain a single-story neighborhood and discussed his privacy
concern.
Judy Barnes, a nearby Sunnyvale resident, discussed her concern with privacy and
a decrease in surrounding property value.
Brian Burnhardt, a nearby Sunnyvale resident, discussed his concern with the size
of the proposed home and the potential for it to decrease the property value of
nearby houses.
Mr. Gong addressed the neighbors' concerns and encouraged his neighbors to
work with him. He said he is amenable to changing the windows and to further
compromise.
Chair Melton closed the public hearing.
Comm. Durham confirmed with Ms. Caruso that the second floor would have to be
reduced 70 square feet to meet 35% FAR, and that the maximum size of the first
floor would allow an additional 180 square feet.
Comm. Harrison and Ms. Ryan discussed the number of design reviews in
predominately single-story neighborhoods, and those with proposals with greater
than 35% second-to-first floor ratio that have been approved by the Planning
Commission.
Comm. Rheaume confirmed with Ms. Caruso that the design meets all code
requirements and that the first to second story ratio is in the Sunnyvale
Single-Family Homes Design Techniques. Ms. Ryan added that reducing the
second story by 70 square feet would only reduce the entire FAR to 49%.
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Planning Commission Meeting Minutes - Final October 13, 2014
Comm. Harrison confirmed with Ms. Ryan that if the first floor is increased, the ratio
of the first to second floor would change, and Ms. Ryan added that the concern is
with the apparent bulk of the high ceiling living room.
Comm. Simons moved Alternative 1 to deny the design review.
Comm. Klein seconded.
Comm. Simons said this is legally a two-story neighborhood in which residents can
build anything up to the design requirements and not have a public hearing, except
that this application has come above those recommedations, triggering a public
hearing. He said we try to balance existing neighborhood character with changing
character, and one thing that is changing is that people tend to avoid buying 800 or
1200 square foot homes ripe for being expanded. He added that those who bought
houses in the 80s or at other times made slight modifications rather than giant
changes with increases in square feet and that is changing. He said this
neighborhood is like an Eichler neighborhood rather than a regular ranch
neighborhood that has larger lots and a few two-story homes. He noted that people
tend to think two-story homes will not encumber their privacy much. Giving direction
to the applicant, he explained he does not like designing from the dais, he likes to
see what something looks like and review that rather than give out arbitrary
numbers to meet the neighborhood. He mentioned a previous non-controversial
application where a bunch of the development was a basement, which was not
visible to neighbors. He said that this neighborhood should be sensitive to that fact
that anyone can build a two-story house if they meet certain criteria, and he
recommends that if the neighborhood wants to remain single-story that residents
look into working with staff on the single-story overlay district.
Comm. Klein said he lives relatively close and within a historic district so he knows
the community fairly well and understands that there are quite a few single-story
homes. He suggested that if the neighbors want to maintain the character of their
neighborhood to work with staff to get a majority of homeowners to go through the
process for the single-story overlay, which will take time and will involve cost, but
that if enough people request it, it is feasible and has been done in other
neighborhoods. He said to the applicant that he too does not want to give full
direction but that there are obvious changes that need to be done on the home,
such as meeting the second story requirements in terms of ratio and ensuring that
it fits in with the surrounding homes, which is one of the reasons the guidelines are
in place. He said the applicant does have the right to build a second story but that it
should stay within the hard rules and general guidelines of the City, and that the
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Planning Commission Meeting Minutes - Final October 13, 2014
applicant is encouraged to work with staff to come up with the best design. He said
he applauds the applicant for working with the neighbors on the privacy issue, and
during the next step of the process, which he assumes is a redesign of the project,
he suggests reaching out to neighbors to get their feedback, and he hopes that the
process will help build a final project in compliance with the rest of the
neighborhood. He added that this neighborhood is in transition as much of
Sunnyvale is and that two-story homes are coming to many one-story
neighborhoods, and that he appreciates the neighbors coming out.
Comm. Durham thanked the applicant and residents for coming out to speak, which
takes a lot of time and effort. He said to the applicant that it is hard to be an
icebreaker, and that there are two-story houses in the neighborhood already, two of
which are within the same block as the applicant's house which seem to have been
added soon after being built. He added that the size, scale and style of this project
bothers him more than the second story, and he would like to see it brought in
nearer to the look of the neighborhood, so he will be supporting the motion.
Comm. Harrison said she appreciates everyone coming out and demonstrating
their care for Sunnyvale and its quality, and said to the applicant the rules are there
to balance the rights of the individual home owner to improve their property as they
see fit and the rights of the neighborhood with regard to respecting the scale, bulk
and character of the homes in the neighborhood. She said that she cannot make
the finding, and that there may be areas in Sunnyvale where the first-to-second
floor ratio does exceed the 35% but that they are not approved frequently in
single-story neighborhoods, so she will be supporting the motion.
Comm. Rheaume said he will be supporting the motion, and loves everyone's
passion for preserving their neighborhood. He said the property owner has the right
to build a second story, but he does not think asking the applicant to chop 70
square feet from the house is the right way to do this either. He said he could not
make the findings for all of the windows and the balcony on the second story, and
that the applicant is plowing the road and with a few tweaks can have that dream
home. He said it is about the quality of the design and that you can have a
one-story home of higher quality than a two-story home.
Chair Melton said he will be supporting the motion, and thanked the applicant and
members of the public for speaking. He said to the applicant this will come as a
disappointment and that he has mentioned numerous times the concept of his
dream home and he understands that. He said he hopes the applicant continues to
work on the design that achieves a greater fit in the neighborhood, and that he is
hoping that the next time the applicant returns, the letters from the neighbors
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Planning Commission Meeting Minutes - Final October 13, 2014
expressing opposition to the project will turn around and express their love of the
project. He said there are neighborhoods in Sunnyvale where your dream home
would be a perfect fit, but that in this neighborhood and at this time it is not one of
those places. He stated that he cannot make the finding of neighborhood
compatibility, and suggested that if you are the first on your block to add a second
story, to take seriously the guidelines about meeting the 35% second to first floor
ratio. He added that there is one house five houses to the south that is a two-story
and that he would not view that as a maximum potential number because he is not
sure that house fits into the neighborhood.
MOTION: Comm. Simons moved Alternative 1 to deny the design review.
Comm. Klein seconded. The motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Durham
Commissioner Harrison
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
No: 0
Absent: 1 - Vice Chair Olevson
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Planning Commission Meeting Minutes - Final October 13, 2014
3 14-0816 File #: 2014-7423
Location: 1071 Noriega Ave. (APNs: 161-37-017, 161-37-018)
Proposed Project: Related applications on a 0.48-acre site:
REZONE: Introduction of an Ordinance to rezone the site from
R-3 (Medium Density Residential) to R-3/PD (Medium Density
Residential/Planned Development);
SPECIAL DEVELOPMENT PERMIT: for 10 residential
townhome units; and
VESTING TENTATIVE MAP: to subdivide two lots into 10 lots
plus a common lot.
Applicant / Owner: Classic Communities (applicant) / Classic 1071
Noriega LP (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: Rosemarie Zulueta, (408) 730-7437,
rzulueta@sunnyvale.ca.gov
Rosemarie Zulueta, Associate Planner, presented the staff report.
Comm. Klein and Ms. Zulueta discussed the applicant's response to, and the staff
opinion on, including a centralized trash enclosure in the design of the site. Comm.
Klein verified with Ms. Zulueta that complaints have not been made by residents
living in projects with multiple trash carts with an on-street staging area, and
discussed the staff opinion regarding allowing the requested deviation for distance
between buildings.
Comm. Simons discussed with Ms. Zulueta where the trash carts would be placed
on the street, and confirmed that parking would be allowed in the trash collection
area. Comm. Simons stated that it would be more logical to prohibit parking in that
area, to which Ms. Ryan responded that the Solid Waste Division is aware of these
concerns.
Comm. Rheaume inquired about the proposed tree removal in the rear setback, to
which Ms. Ryan replied that the applicant could better answer that question.
Comm. Durham and Ms. Ryan discussed what parking is like in the evenings, and
confirmed with Ms. Zulueta that eleven is the maximum number of units allowed in
the R-3 zoning designation for this size of project site.
Chair Melton noted that he is also struggling with the placement of trash carts, and
confirmed with Ms. Zulueta that this item will be heard by City Council on November
11. Chair Melton also confirmed with Ms. Zulueta that the separation between the
duets was created to split up the bulk of it, which created the need for a deviation.
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Planning Commission Meeting Minutes - Final October 13, 2014
Chair Melton opened the public hearing.
Jim Pollart, with Classic Communities, presented information on the proposed
project and addressed the Commissioners' concerns.
Chair Melton closed the public hearing.
Comm. Simons moved to recommend to City Council Alternative 2 to adopt the
Mitigated Negative Declaration; introduce the ordinance in Attachment 8 to Rezone
1071 Noriega Ave. (APNs: 161-37-017 and 161-37-018) from R-3 to R-3/PD; and
approve the Special Development Permit for 10 residential townhome units and
Vesting Tentative Map to subdivide two lots into 10 lots plus a common lot with
modified conditions:
1) Prohibit parking on the section of the street planned for trash containers on the
day of trash collection.
Comm. Harrison seconded.
Comm. Simons said that the problems with this project are minor and with regard to
trash collection, it is one of these things where there may be too many cars on the
street and he likes to see things nicely fixed for the future. He said he appreciates
the improvements in the detail and that oftentimes plans are so generic you cannot
tell if the architectural improvements are there or whether the project will be
extremely limited in architectural amenities. He added that he can make the
findings, and that he enjoys finding out that we have caused problems when trying
to improve them, as with the changes that were made to reduce the bulk of the
building.
Comm. Harrison said she can make the findings and appreciates the applicant
handling the neighbors' concerns and showing them visually how the setback will
be less impactful on them. She said she also appreciates the project meeting policy
LT-3.2 which encourages home ownership options, which is being proposed in a
neighborhood that is close to transit, schools and shopping.
Comm. Klein said he will be reluctantly supporting the motion, and that the garbage
enclosure issue is somewhat resolved with the added modification but that staff has
noted that this has not been done before and research needs to be completed
before implementing this plan. He said he was taken aback by the number of
deviations requested, and that the reasoning for a lot of them goes back to the
reduction from eleven units to ten and not wanting to reduce the project further. He
said that now there are ten much larger ownership units created to reduce mass,
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Planning Commission Meeting Minutes - Final October 13, 2014
which is a goal of the Design Guidelines, and that if Variances result from reducing
mass they should try to be removed. He said that while he has issues with some of
the reasoning in the staff report, he generally likes the design and details that have
been added since the study session, and that the lack of neighbors in attendance is
not a touchstone for how the neighborhood will ultimately feel about this project. He
said that he is happy that the developer worked on the privacy issue and that it is
clearer to the neighbors, and that he hopes the trash enclosure issue is resolved
going forward. He added that the design details, architecture and colors are nice
additions, and he looks forward to the project moving forward.
Comm. Durham said he will be supporting the motion, and that the staff report
notes that there are currently no Citywide policies to limit on-street parking on
residential streets during trash and recycling pick-up days, and that the issue may
not fly once it gets through to the next stage. He said the building and construction
fits in well and will be an improvement to the neighborhood, and that it will work well
with the zero lot line construction to the immediate east. He added that it would
have been nice to cut back one unit but that a problem with reducing the size of
these buildings is the size of storage for cars. He said 80% of the ground floor of
three-story units on Lometa is designated to car parking and that if you can reduce
that you can reduce the whole unit.
Comm. Rheaume said he will be supporting motion, that he likes the design and
can make the findings. He said he likes the fact that the applicant worked with the
neighbors on reducing the setback abutting the single-family homes on Noriega. He
said he struggles with making the assumption that when a neighbor spoke at the
study session she was okay with taking out the trees in the rear. Comm. Rheaume
offered a friendly amendment to preserve the trees in the rear behind the two
duets.
Comm. Simons asked if he could modify the amendment to have the applicant work
with the City Arborist to evaluate the condition of the trees, to which Comm.
Rheaume agreed.
Comms. Simons and Harrison accepted the friendly amendment.
Ms. Ryan interjected that the applicant's arborist report notes that the trees are
small, young and in excellent condition. Comm. Simons said he would still like to
recommend this condition because the City arborist is an independent arbiter with
no economic involvement.
Chair Melton said he will be supporting the motion and that we are doing a good job
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Planning Commission Meeting Minutes - Final October 13, 2014
to provide City Council with a solid recommendation. He said he can make the
findings and that the project will be a nice addition to, and a good capital injection
into, the neighborhood. He said he appreciates that the applicant has proposed a
nice-looking development with sumptuous detail and rich, visually-appealing colors,
and that it will work well with the existing neighborhood. He said he also
appreciates that the applicant did a good job protecting the privacy of the neighbors
and single-family residences, and said that Comm. Simons has come up with a
good idea for City Council to consider regarding trash collection on the street.
MOTION: Comm. Simons moved to recommend to City Council Alternative 2 to
adopt the Mitigated Negative Declaration; introduce the ordinance in Attachment 8
to Rezone 1071 Noriega Ave. (APNs: 161-37-017 and 161-37-018) from R-3 to
R-3/PD; and approve the Special Development Permit for 10 residential townhome
units and Vesting Tentative Map to subdivide two lots into 10 lots plus a common
lot with modified conditions:
1) Prohibit parking on the section of the street planned for trash containers on the
day of trash collection; and
2) Applicant works with the City Arborist to evaluate the condition of the two
trees at the rear of the site.
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: 0
Absent: 1 - Vice Chair Olevson
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Planning Commission Meeting Minutes - Final October 13, 2014
4 14-0749 Introduce an Ordinance to Amend Title 19 (Zoning) Regarding the
Appeal Process for Land Use Projects (Study Issue, CDD 14-15);
Repeal Council Policy 1.1.4 on Appeals; and make a Finding that the
Proposed Project is Exempt from the Requirements of the California
Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines
15061(b)(3)
(Planning File: 2014-7434)
Staff Contact: Rosemarie Zulueta, (408) 730-7437,
rzulueta@sunnyvale.ca.gov
Rosemarie Zulueta, Associate Planner, presented the staff report and noted that a
corrected version of the Ordinance has been provided on the dais.
Comm. Harrison verified with Trudi Ryan, Planning Officer, that the Planning
Commission will be made aware of decisions of the Director of Community
Development via annotated agendas sent after each Zoning Administrator hearing.
Comm. Klein discussed with Ms. Ryan how meetings will be held during instances
where there are multiple appellants, and discussed decisions that may be appealed
to the Heritage Preservation and Arts Commissions. Comm. Klein and Ms. Ryan
discussed the number and type of Variances approved by the Zoning Administrator.
Comm. Rheaume confirmed with Ms. Ryan the definitions of Zoning Administrator
and Director of Community Development, and that this proposal would allow the
Planning Commission to call an item up to be reviewed.
In response to Comm. Harrison's inquiry, Ms. Ryan provided an example of the
Miscellaneous Plan Permit - Findings of Public Convenience and Necessity permit
type.
Chair Melton noted that he sees potential benefits in having a call for review
process, and confirmed with Ms. Zulueta that if the City Council implements a
process that allows a call for review without an explanation, the ensuing public
hearing would be a de novo and not a limited scope public hearing. Chair Melton
and Kathryn Berry, Senior Assistant City Attorney, discussed the merits of de novo
and limited scope public hearings, and he confirmed with Ms. Zulueta that a City
Council-requested call for review could be withdrawn after submission. Chair
Melton discussed with Ms. Ryan the pros and cons of being able to withdraw an
appeal or call for review, confirmed that members of the public are required to state
their reasons for appeal, and discussed with staff the number of people required for
a call for review.
Comm. Durham discussed further with Ms. Ryan the call for review and withdrawal
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Planning Commission Meeting Minutes - Final October 13, 2014
process.
Chair Melton opened the public hearing, and upon seeing no speakers for this item,
closed the public hearing.
Comm. Durham moved to recommend to City Council Alternatives:
1. Find that the project is exempt from CEQA pursuant to CEQA Guideline
15061(b)(3).
2. Introduce an ordinance to amend Sunnyvale Municipal Code Section 19.98.070,
regarding appeals of land use decisions, as set forth in Attachment 4, which:
• Creates a call for review process that requires a minimum of two Council
Members or Planning Commissioners to request City Council or Planning
Commission review of a decision;
• Clarifies and simplifies the appeal process consistent with the City’s
continuous efforts to “Retool the Zoning Code”;
• Formalizes the current practice of conducting appeals as de novo hearings;
and
• Allows an appellant to withdraw their appeal.
3. Repeal Council Policy 1.1.4.
Comm. Rheaume seconded.
Comm. Durham said he thinks it is a good idea to go through this plan, that the
improvements will work out better and provide more clarity and that staff has done
an excellent job.
Comm. Rheaume said the goal of this study is to clarify regulations and procedures
which is what this is doing, and that staff did great job.
Chair Melton said he appreciates the effort of staff to do all of the research and
craft the ordinance which makes a lot of sense, and that he is especially in favor of
the potential new call for review process.
MOTION: Comm. Durham moved to recommend to City Council Alternatives:
1. Find that the project is exempt from CEQA pursuant to CEQA Guideline
15061(b)(3).
2. Introduce an ordinance to amend Sunnyvale Municipal Code Section 19.98.070,
regarding appeals of land use decisions, as set forth in Attachment 4, which:
• Creates a call for review process that requires a minimum of two Council
Members or Planning Commissioners to request City Council or Planning
Commission review of a decision;
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Planning Commission Meeting Minutes - Final October 13, 2014
• Clarifies and simplifies the appeal process consistent with the City’s
continuous efforts to “Retool the Zoning Code”;
• Formalizes the current practice of conducting appeals as de novo hearings;
and
• Allows an appellant to withdraw their appeal.
3. Repeal Council Policy 1.1.4.
Comm. Rheaume seconded. The motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Durham
Commissioner Harrison
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
No: 0
Absent: 1 - Vice Chair Olevson
NON-AGENDA ITEMS AND COMMENTS
COMMISSIONER ORAL COMMENTS
Chair Melton provided clarification on his recusal from item 1.B.
STAFF ORAL COMMENTS
Ms. Ryan provided an overview of upcoming items going to, and those recently
heard by, City Council.
INFORMATION ONLY ITEMS
None.
ADJOURNMENT
With no futher business Chair Melton adjourned the meeting at 10:42 p.m.
City of Sunnyvale Page 16
Agenda
City of Sunnyvale
Notice and Agenda - Final
Planning Commission
Monday, October 13, 2014 6:30 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
6:30 - 7:00 P.M. - PLANNING COMMISSION STUDY SESSION - WEST
CONFERENCE ROOM
1 14-0979 File #: 2014-7486
Location: 238 Carroll Street (APN: 209-10-064)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to allow 24 residential
condominium units.
VESTING TENTATIVE MAP for 24 residential condominiums
and one common lot.
Applicant / Owner: Classic Communities / Classic 238 Carroll L.P.
Environmental Review: Mitigated Negative Declaration
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
7:00 - 8:00 P.M. - JOINT STUDY SESSION - PLANNING & HOUSING AND HUMAN
SERVICES COMMISSIONS - WEST CONFERENCE ROOM
2 14-0791 Housing Mitigation Fee Nexus Study Findings and Alternatives
Staff Contact: Suzanne Isé, (408) 730-7698, sise@sunnyvale.ca.gov
3 Public Comment on Study Session Agenda Items
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
City of Sunnyvale Page 1 Printed on 10/10/2014
Planning Commission Notice and Agenda - Final October 13, 2014
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.
Speakers for the Public Comments category are 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.
CONSENT CALENDAR
1.A 14-0980 Approval of the Draft Minutes of the Planning Commission
Meeting of September 22, 2014
1.B 14-0952 File #: 2014-7767
Location: 871 Rubis Drive (APN: 201-24-048 )
Zoning: R-0 (Low Density Residential) Zoning District
Proposed Project:
DESIGN REVIEW: to allow a 579-square foot first and second
story addition to an existing two-story home for a total floor
area of 3,231 square feet (2,752 square feet living area and
429 square feet garage) and a Floor Area Ratio of 53.6%.
Applicant / Owner: West Designs (applicant) / Kreisler and Barbara
Lau (owner)
Environmental Review: Categorically Exempt Class 1
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijma@sunnyvale.ca.gov
City of Sunnyvale Page 2 Printed on 10/10/2014
Planning Commission Notice and Agenda - Final October 13, 2014
1.C 14-0981 File #: 2014-7730
Location: 1384 La Bella Ave. (APN: 323-08-019)
Proposed Project:
DESIGN REVIEW to allow two accessory structures in the rear
yard totaling 373 square feet, resulting in 4,296 square feet
(existing 3,492 square feet living area and 431 square feet
garage unchanged) and 44.6% floor area ratio (FAR).
Applicant / Owner: Janet George
Environmental Review: Categorically Exempt Class 1
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
PUBLIC HEARINGS/GENERAL BUSINESS
2 14-0959 File #: 2014-7624
Location: 1026 Lois Avenue (APN: 198-34-011)
Zoning: R-0
Proposed Project: A new two-story home with a total floor area of
2,996 square feet (2,569 square feet living area and 427 square feet
garage) resulting in 50% floor area ratio.
Applicant / Owner: BO Design (applicant) / Haiyan Gong (owner)
Environmental Review: A Class 1 Categorical Exemption relieves
this project from California Environmental Quality Act provisions and
City Guidelines.
Project Planner: Elise Lieberman, (408) 730-7443,
elieberman@sunnyvale.ca.gov
3 14-0816 File #: 2014-7423
Location: 1071 Noriega Ave. (APNs: 161-37-017, 161-37-018)
Proposed Project: Related applications on a 0.48-acre site:
REZONE: Introduction of an Ordinance to rezone the site from
R-3 (Medium Density Residential) to R-3/PD (Medium Density
Residential/Planned Development);
SPECIAL DEVELOPMENT PERMIT: for 10 residential
townhome units; and
VESTING TENTATIVE MAP: to subdivide two lots into 10 lots
plus a common lot.
Applicant / Owner: Classic Communities (applicant) / Classic 1071
Noriega LP (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: Rosemarie Zulueta, (408) 730-7437,
rzulueta@sunnyvale.ca.gov
City of Sunnyvale Page 3 Printed on 10/10/2014
Planning Commission Notice and Agenda - Final October 13, 2014
4 14-0749 Introduce an Ordinance to Amend Title 19 (Zoning) Regarding the
Appeal Process for Land Use Projects (Study Issue, CDD 14-15);
Repeal Council Policy 1.1.4 on Appeals; and make a Finding that the
Proposed Project is Exempt from the Requirements of the California
Environmental Quality Act (CEQA) Pursuant to CEQA Guidelines
15061(b)(3)
(Planning File: 2014-7434)
Staff Contact: Rosemarie Zulueta, (408) 730-7437,
rzulueta@sunnyvale.ca.gov
NON-AGENDA ITEMS AND COMMENTS
COMMISSIONER ORAL COMMENTS
STAFF ORAL COMMENTS
INFORMATION ONLY ITEMS
ADJOURNMENT
City of Sunnyvale Page 4 Printed on 10/10/2014
Planning Commission Notice and Agenda - Final October 13, 2014
Any agenda related writings or documents distributed to members of the Planning
Commission regarding any open session item on this agenda will be made
available for public inspection in the Planning Division office located at 456 W.
Olive Ave., Sunnyvale CA 94086 during normal business hours, and in the Council
Chambers on the evening of the Planning Commission meeting pursuant to
Government Code §54957.5.
Agenda information is available by contacting The Planning Division at (408)
730-7440. Agendas and associated reports are also available on the City’s web
site at sunnyvale.ca.gov or at the Sunnyvale Public Library, 665 W. Olive Ave.,
Sunnyvale, 72 hours before the meeting.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in writing
to the City at or before the public hearing.
PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6
imposes a 90-day deadline for the filing of any lawsuit challenging final action on
an agenda item which is subject to Code of Civil Procedure section 1094.5.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Planning Division at (408) 730-7440. Notification
of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. (29 CFR 35.106 ADA Title II)
City of Sunnyvale Page 5 Printed on 10/10/2014
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