Planning Commission

City of Sunnyvale Meeting Minutes - Final Planning Commission Monday, November 24, 2014 7:00 PM Council Chambers and West Conference Room, City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 7:00 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE ROOM 1 14-1112 File #: 2013-7607 Location: 1100 N. Mathilda Ave. (APN: 110-27-025): Zoning: MP-C (Moffett Park - Commercial) Zoning District Proposed Project: SPECIAL DEVELOPMENT PERMIT revised plans for an expansion of the 173-room Sheraton Hotel to 342 rooms (new 9-story building with 232 rooms; demolition of 63 rooms with a net total of 139 new rooms) serviced by a 166-stall, 3-level parking structure. Applicant / Owner: Ken Rodrigues Staff Contact: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov 2 Public Comment on Study Session Agenda Items 3 Comments from the Chair 4 Adjourn Study Session 8:00 P.M. PLANNING COMMISSION - PUBLIC HEARING - COUNCIL CHAMBERS CALL TO ORDER Chair Melton called the meeting to order at 8:00 p.m. SALUTE TO THE FLAG Chair Melton led the salute to the flag. ROLL CALL City of Sunnyvale Page 1 Planning Commission Meeting Minutes - Final November 24, 2014 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 14-1113 Approval of the Draft Minutes of the Planning Commission Meeting of Draft Minutes of November 10, 2014 Comm. Simons moved to approve the draft minutes. Comm. Durham 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 November 24, 2014 2 14-0975 File #: 2014-7314 Location: 363 Beemer Avenue (APN: 204-51-028) Zoning: R-2 Low-Medium Density Residential Proposed Project: Related applications on a 0.2-acre site: USE PERMIT: to construct an additional single family home; PARCEL MAP: to subdivide one parcel into two lots. Applicant / Owner: Studio S Squared Architecture (applicant) / G&J 888 (owner) Environmental Review: A Class 3 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines. Project Planner: Timothy Maier, (408) 730-7257, tmaier@sunnyvale.ca.gov Timothy Maier, Assistant Planner, presented the staff report. Comm. Simons discussed with Mr. Maier the pervious driveway design, and confirmed with Trudi Ryan, Planning Officer, that the pervious design can be made a Condition of Approval (COA). Comm. Simons commented on the design being similar to a two-story eichler. Comm. Klein and Ms. Ryan discussed the frequency with which applications for a new home are submitted when one is already under construction on the same lot. Ms. Ryan added that some applications are approved at the staff level and that this item has come before the Planning Commission because the Floor Area Ratio (FAR) exceeded 45%. Comm. Klein commented on removal of protected trees for the house under construction and confirmed with Mr. Maier that the COAs and findings for the first project were met. Vice Chair Olevson and Mr. Maier discussed the rationale behind the staff recommendation and if splitting the lot makes this a non-conforming project, and Ms. Ryan added that it is staff's opinion that the project complies with the regulations. Vice Chair Olevson confirmed with Ms. Ryan that COA DC-2 to protect trees applies if there is a City street tree or neighbor tree that should be protected. Vice Chair Olevson and Mr. Maier discussed the comment in the staff report that the second home fits within the neighborhood. Chair Melton commented on his concern that the first project did not come to the Planning Commission, and Ms. Ryan expanded on the approval process for the first home. Chair Melton confirmed with Mr. Maier that the width of the drive aisle complies with code requirements, and Ms. Ryan added that only one unit will be using it as the other house has its own driveway. City of Sunnyvale Page 3 Planning Commission Meeting Minutes - Final November 24, 2014 Comm. Durham noted a typo in the staff report. Chair Melton opened the public hearing. Eugene Sakai, with Studio S Squared Architecture, discussed the evolution of the project and addressed Commissioner questions and concerns. Chair Melton and Mr. Sakai discussed the narrowness and safety of the drive aisle width. Comm. Durham confirmed with Mr. Sakai that the house would have a commercial grade sprinkler system. Comm. Klein confirmed with staff the rear yard setback and that it meets code requirements. Comm. Simons discussed the architectural features of the proposed project with Mr. Sakai, and confirmed with Ms. Ryan that staff is amenable to working with the applicant on reducing the bold, commercial look of the project. Comm. Harrison confirmed with Mr. Sakai that the short doorway at the west elevation is access under the stairs. Chair Melton closed the public hearing. Comm. Simons moved Alternative 2 to approve the Use Permit and Tentative Map with modified conditions: 1) Add the pervious driveway requirement to the Conditions of Approval; and 2) Staff work with the developer to rework the horiontal bands to reduce the appearance of a commercial building. Comm. Rheaume seconded. Comm. Simons said this project has issues, that it is unusual that we have a project in construction that we are making decisions on, and that he may not have been as concerned about it as other Commissioners. He said he is concerned with the compatibility of the proposed architecture with the neighborhood which is like a bungalow in the '30s or '40s, and that he likes mixes of architecture, so bringing something seen more often south of El Camino Real north is fine and it will be a rare type of architecture in this neighborhood. He said this can work, but there were some architectural issues that staff and the developer can hopefully work out to City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final November 24, 2014 make it look more consistent and to improve the design aesthetic. He said he was impressed because the first thing he thought of with the flag lot was that the gigantic, long driveway would be an issue, but it has become a non-issue with it being planned as a paver system. Comm. Rheaume said he will be supporting the motion and can make the findings. He said this is a very pleasing and high-quality design, that the neighborhood is eclectic and this project seems like it will be a nice addition. He noted that it is close to transit for which this kind of urban design is more appropriate, and that regarding the design not matching the neighborhood, he can make the finding that it does fit in terms of the size and bulk and that the applicant has taken into account concerns about privacy. He reiterated that he likes the high-quality design and said he wishes we could see more of that. He added that the project meets the lot coverage requirements of the R-2 zoning designation. Comm. Klein said he will be supporting the motion, and that from a findings standpoint creating a flag lot encourages property ownership. He said he too has an issue with the overall architecture, but that this is the rear parcel so it will not be as visible. He said going forward when a flag lot is envisioned and the project is not required to come before the Planning Commission it should be brought forward for review anyway. He suggested staff try to improve this process and look at having the Planning Commission give feedback or do the standard review in the future. He said he likes many aspects of the design, which has unique elements unseen in many homes in this neighborhood, and added that the neighborhood is mixed in terms of the size of homes, and that the project will ultimately be a good addition to the community. Vice Chair Olevson said he will be supporting the motion, and finds that the project does meet City and General Plan policies encouraging ownership and adds one more home to the inventory in Sunnyvale. He said he can make the finding that the use is compatible with the neighborhood, but that if he were reviewing the first of the two homes he would not agree that it is compatible with the appearance of the neighborhood, and that it being a flag lot and tucked behind one that has been approved, it at least meets the same general lot area. He said in looking at the negative findings that would kill a parcel map, he agrees that none have been met, and that overall the project meets all of our criteria. He said he is appreciative that the maker of the motion added criteria to soften the harshness of the very sharp angles and the boxiness of the design, which somewhat persuaded him to support the motion. Comm. Durham said he will also be supporting the motion, and that he likes the City of Sunnyvale Page 5 Planning Commission Meeting Minutes - Final November 24, 2014 design. He said he is not sure changing the banding will do much but he is glad that he is not seeing the popular faux-Mediterranean style. He said this will be a definite plus for the neighborhood and will match with the front unit, and that his biggest complaint is that the approval process may need to be improved upon. He said it does appear that the applicant planned to get the first project approved in order to have the Use Permit for the subdivision of the second approved, and that this type of architecture might not have gone in without the first being approved at staff level. He added that he is supporting the motion, is glad to see a structure that looks like this in the area, and he commends the architect. Comm. Harrison said she will be supporting the motion, and that it was carefully and purposefully done with regard to meeting all of the rules. She said she agrees with Comm. Simons that reducing the banding is a good idea, mainly from a maintenance standpoint, especially on the west wall where there is a small setback and people may not be able to see it and notice it aging. She said she appreciates the ownership opportunity and the increased density close to transit. Chair Melton said he will be supporting the motion, and continues to find it a little disturbing that the first project was not brought before the Planning Commission, and he is intellectually curious about what would have happened. He said perhaps Comms. Klein and Durham will join him in proposing a study session to think about this more, and that one thing that might have turned out differently is the potential width of the driveway. He said although he is not supported by the Sunnyvale Municipal Code, he thinks ten feet is not sufficient for this property, and there is little to do now because the dimensions of the first house and the property line have already been set. He added that since the width of the driveway is backed up by the Sunnyvale Municipal Code his concerns as to the ability to make the findings for the Use Permit and not make the disqualifying findings for the tentative map are somewhat ameliorated, but that it was a close call. MOTION: Comm. Simons moved Alternative 2 to approve the Use Permit and Tentative Map with modified conditions: 1) Add the pervious driveway requirement to the Conditions of Approval; and 2) Staff work with the developer to rework the horiontal bands to reduce the appearance of a commercial building. Comm. Rheaume seconded. The motion carried by the following vote: City of Sunnyvale Page 6 Planning Commission Meeting Minutes - Final November 24, 2014 Yes: 7 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume Commissioner Simons No: 0 City of Sunnyvale Page 7 Planning Commission Meeting Minutes - Final November 24, 2014 3 14-1075 2014 4th Quarterly Consideration of GENERAL PLAN AMENDMENT INITIATION REQUEST File #: 2014-7958 Location: 690 E. Arques Avenue (APN: 201-31-005) Proposed Project: Request to study a General Plan Land Use Designation change from Industrial to Schools, Residential High Density, or other designation that would accommodate a middle and high school. This Study may include other properties in the vicinity and evaluate other General Plan designations. Applicant / Owner: Summit Public Schools Environmental Review: Environmental Review is not required to initiate a General Plan study. The individual studies and potential future projects will be subject to the provisions of the California Environmental Quality Act (CEQA). Trudi Ryan, Planning Officer, presented the staff report. Comm. Harrison confirmed with Ms. Ryan that there are no limits to defining the study area, and that an athletic field would be evaluated as part of an application for a school use. Comm. Harrison also confirmed with Ms. Ryan that the school and the City would need to have an agreement to allow public use of the school's open space. Vice Chair Olevson discussed with Ms. Ryan whether Summit School would have to reapply for a charter if the site is rezoned, and also discussed the City's school capacity and projected population growth. Comm. Durham clarified with Ms. Ryan the General Plan Amendment (GPA) process, and that a Use Permit application would evaluate the specific site plan of the school or building. Comm. Rheaume and Ms. Ryan discussed potential outcomes of a GPA and changing the zoning of a site and then having an applicant who decides not to apply. Chair Melton opened the public hearing. Norman LuPatin, Director of Real Estate for Summit Schools, addressed questions of the Commissioners, and described the model and objective of Summit Schools. City of Sunnyvale Page 8 Planning Commission Meeting Minutes - Final November 24, 2014 Comm. Simons discussed with Mr. LuPatin rental of an existing school site for this project, and discussed the type of site desired for the schools. Comm. Simons also confirmed with Mr. LuPatin that any child from within the County of Santa Clara would be able to apply for admission. Chair Melton closed the public hearing. Comm. Klein verified with Ms. Ryan that creating public access on the site near the water channel would be evaluated if the study is initiated. Vice Chair Olevson moved Alternative 1 to recommend that City Council Initiate a General Plan Study for 690 E. Arques Ave., evaluating both Schools and Residential High Density General Plan designations. Comm. Klein seconded. Vice Chair Olevson said this is just the start of a detailed process, and he is glad the applicant is ready, willing and able to fund the study if City Council elects to allow the study to proceed. He said this is a process wherein we have, over the last year or two, formalized and restructured the General Plan change studies. He noted that the process begins with authorization of the study, and that after an applicant funds it, the City makes a decision about whether it is good for the General Plan which is then followed up later by an application for use of the new designation. He added that he likes the process, and that the applicant has made a good case to proceed with the study. Comm. Klein said he agrees that this is the first step in a longer process, and that he worked east of this property for four years and saw that it sat there. He said changing it to a school or residential use is an improvement in that most properties to the north have been redeveloped into residential use, and the use of industrial or commercial buildings has been reduced in this general area. He said the concept of evaluating whether or not this should be a residential or school use is a good thing for the community in general, that the need for schools is always increasing, and with brand new residential going in nearby with students who may attend this school, initiating a General Plan Amendment study makes sense. He added that evaluating whether the levees to the east will also be connected to improve overall walkability of this area as part of this plan is also good, so he will be supporting the motion. Comm. Durham said he has some concerns but is glad there is a good process starting here. He said his concerns are with traffic, having lived and worked near a City of Sunnyvale Page 9 Planning Commission Meeting Minutes - Final November 24, 2014 couple different schools and seeing how parents can be for this type of activity. He added that the size of the school may not allow the required recreational space, but will be looked at later, and that it is a good idea to do the study. He added that it may even become residential which will be addressed down the road, and that he will be supporting the motion. Comm. Simons said he has watched this area change, and that a desire to get something done in the short term oftentimes means losing certain opportunities. He said this area is contiguous to, not part of, a section of Sunnyvale that is being converted to housing, and was probably one of largest contiguous office/business sites left in Silicon Valley. He said there were many studies being done because of the dot com bust that concluded that the City would never have need for office in the future, which he thinks was hogwash. He said he will be voting against this, not because of this application or because the review of use may or may not be appropriate, but as a comment about long term land use and trying to keep as much contiguous as possible. He added that if industrial-to-residential is to be done, it needs to be contiguous and without spot zoning and odd sections across a freeway which might cause problems. MOTION: Vice Chair Olevson moved Alternative 1 to recommend that City Council Initiate a General Plan Study for 690 E. Arques Ave., evaluating both Schools and Residential High Density General Plan designations. Comm. Klein seconded. The motion carried by the following vote: Yes: 6 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume No: 1 - Commissioner Simons City of Sunnyvale Page 10 Planning Commission Meeting Minutes - Final November 24, 2014 4 14-0921 Recommend Adoption of Resolution to Amend the General Plan by Adopting the 2015-2023 Housing Element CEQA Review: Negative Declaration Staff Contact: Suzanne Isé, (408) 730-7698, sise@sunnyvale.ca.gov Suzanne Isé, Housing Officer, presented the staff report. Vice Chair Olevson commented on the written document being very easy to read, and confirmed with Ms. Isé that there are no substantive changes to the existing Housing Element and that the three new policies and programs discussed in the document are achievable within the standard operating budget. Vice Chair Olevson added that he is pleased the State has sent preliminary approval. Comm. Harrison discussed with Ms. Isé collaborative funding of regional housing projects in nearby jurisdictions, and housing and transportation programs for the elderly funded by the City. Comm. Klein and Ms. Isé discussed a potential increase in the Below Market Rate (BMR) requirment and when it may go to City Council for review. Comm. Durham and Ms. Ryan discussed the tables in the document that list the fees charged for projects in Sunnyvale, and Comm. Durham commented on the price of homes in the area. Chair Melton and Ms. Isé discussed the difference in number between the quantified objective of affordable housing units and that of the Regional Housing Needs Allocation (RHNA), and discussed potential options for how to close the gap between these numbers. Chair Melton and staff also compared the quantified objectives of Sunnyvale and neighboring cities. Comm. Harrison and Ms. Ryan discussed removing from the inventory of housing in-fill sites that have been proposed for a commercial use. Chair Melton opened the public hearing and upon seeing no speakers for this item, closed the public hearing. Vice Chair Olevson moved Alternative 1 to Recommend that City Council: A) Adopt the Negative Declaration; and B) Adopt a resolution to amend the General Plan by replacing the 2009 Housing Sub-Element with the 2015-2023 Housing Element. Comm. Harrison seconded. City of Sunnyvale Page 11 Planning Commission Meeting Minutes - Final November 24, 2014 Vice Chair Olevson recommended proceeding with the Housing Element and said it is well researched and documented and has a preliminary review by the State. He said he is aware from meetings outside of the Planning Commission that failure to have a current Housing Element can initiate State action to cut off our ability to issue building permits and receive grants, which we depend on to run the City. He said that since we have met all requirements and the document is well researched and the revised Housing Element fits the goals of Sunnyvale, he is strongly recommending it for approval to City Council. Comm. Harrison said Vice Chair Olevson's comments were well said, and had no additional comments. Comm. Klein said he will be supporting the motion, and that this is one step in a long process of updating the Element. He said it is well investigated and well written, and that his only comment to Council is that he is hoping the BMR rate will be looked at again as increasing it to 15% is an easy way to help increase the quantity and availability of lower-income housing for families that are in need. He said it is a small percentage and has been 12.5% for a long time, and that as we continue to develop very high-density residential within the City, the value of 12.5% going to 15% continues to be reduced as we use up available land with redevelopment. He said looking at the market now, 15% would not affect the majority of developers coming into City, and that he applauds staff for putting this together. Comm. Durham said he will be supporting the motion, and that a lot of heavy lifting was done to get this document to where it is now and he applauds staff for the effort. He said his comment to Council is noting that one-fourth of Sunnyvale residents live and work in Sunnyvale and over 75% live and work in the County. He said Council could help the Climate Action Plan by building out at a faster rate the bicycle and pedestrian-friendly routes around town and interlocking those with other communities. He said Sunnyvale is a very flat town and there is no real reason why those living in Sunnyvale cannot bike to any other place in Sunnyvale. Comm. Simons said he will be supporting the motion, and strongly agrees with Comm. Durham’s comments about the Transportation Element being key in the housing aspect. He said oftentimes people look at things so segmented that they do not allow opportunities for those who could live here if they did not have to own a vehicle. He said people do have to own a vehicle under the current transportation limitation, and a lot of people come from long distances. City of Sunnyvale Page 12 Planning Commission Meeting Minutes - Final November 24, 2014 Chair Melton said he will be enthusiastically supporting the motion, and that this is a fantastic document. He said the Housing Officer is again showing her ironclad grip on the details and her tremendous subject matter expertise, which is easily seen in the document. He said there is a ton of stuff the Planning Commission is not seeing that is going on behind the scenes with staff working with the State. MOTION: Vice Chair Olevson moved Alternative 1 to Recommend that City Council A) Adopt the Negative Declaration; and B) Adopt a resolution to amend the General Plan by replacing the 2009 Housing Sub-Element with the 2015-2023 Housing Element. 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 13 Planning Commission Meeting Minutes - Final November 24, 2014 5 14-0891 Approve Design Guidelines for multi-family residential projects to address size, bulk and scale; Find that the project is exempt under CEQA pursuant to Guideline 15061(b)(3). (Study Issue original title: City Policies Governing Housing Density) Andrew Miner, Principal Planner, presented the staff report. Comm. Harrison commented on the appropriateness of the concept to provide variety and visual diversity among buildings, to which staff responded that it is a guiding principle and not a requirement for all developments. Vice Chair Olevson confirmed with Mr. Miner that the guidelines do not require multi-level, below-grade parking for larger projects, and discussed the intent of stoop entries in the guidelines for high-density projects. Vice Chair Olevson also confirmed with Mr. Miner that the guidelines were not written with the Lawrence Station Area Plan (LSAP) in mind, and that mixed-use design guidelines will be reviewed in the future. Vice Chair Olevson and Mr. Miner also discussed the use of comparing multi-family density to floor area. Comm. Rheaume and Mr. Miner discussed the reasons the design guidelines are not applied to the R-3 zoning designation. Trudi Ryan, Planning Officer, added that if City Council approves the guidelines information could be collected in the future to demonstrate how the guidelines work and better define the numbers being used. Comm. Klein noted a specific residential project that was approved and had issues with massing, and discussed with staff whether the guidelines would have constrained the massing and solved that problem. Ms. Ryan added City Council was concerned with the density of that project. Comm. Klein and Ms. Ryan also discussed the potential for developers to meet the suggested guidelines to reduce the bulk of a building and then requesting a Variance for setback and/or between-building space requirements. Comm. Durham discussed with Mr. Miner the definition of mixed use, and commented on the potential for the guidelines to reduce what could be used as community open space by trying to reduce the bulk of a building. Comm. Simons discussed with Mr. Miner a timeline for collecting data for further development of zoning tools. Comm. Klein and Mr. Miner discussed the addition of rooftop gardens as open space for developments, and Mr. Miner added that bird-safe concerns would need to be addressed. City of Sunnyvale Page 14 Planning Commission Meeting Minutes - Final November 24, 2014 Chair Melton opened the public hearing. Jonathan Fearn, Senior Director of Development with SummerHill Housing Group, discussed the challenges that guidelines present for developers and suggested they be broad enough to accommodate different areas of the City. Pat Sausedo, Goverment Affairs Consultant for the Building Industry Association - Bay Area, said this is a good process and is in favor of collecting data. Chair Melton closed the public hearing. Comm. Harrison and Mr. Miner discussed shared commercial and residential parking in high-density mixed use areas. 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) Approve design guidelines for high density multi-family residential and mixed use projects in the R-4, R-5, C-1, C-2 and DSP zoning districts; and 4) Direct staff to return within three years with data collected from upcoming planning applications to further evaluate appropriate zoning tools to address the issue. Comm. Klein seconded. Comm. Durham said he appreciates the hard work of staff, and that this is a comprehensive document on how to deal with high-density problems, which is where we are going with a lot of projects in this town. He said this is a good document, that it will be nice to get data later, and he hopes we do not become slaves to the guidelines and can allow newer and more aggressive approaches in the future. Comm. Klein offered a friendly amendment to have staff evaluate the use of rooftop gardens for possible open space. Comm. Durham accepted. Comm. Klein offered a friendly amendment to rework the mixed use parking guidelines. City of Sunnyvale Page 15 Planning Commission Meeting Minutes - Final November 24, 2014 Comm. Durham accepted. Comm. Klein said he can support the motion, and that the guidelines are one step toward trying to better recommend guidelines to developers to better design a project, especially larger projects in the R-4 and R-5 zoning districts, and hopefully deal with issues seen in the past. He said a lot of this has to do with massing and we are looking at improving projects, and these guidelines work in that process. He said a lot of the core problems resulted from the number of units or Floor Area Ratio, and hopefully the data collected within the next few years will help manage that and solve the problem or determine whether there is indeed a problem. He said that a lot of this also has to do with a developer standpoint and what the appropriate and going market need is, which is best evaluated by developers in the long run. He said when it comes to the final design and approval it is important that staff has the tools to guide developers to a better project when a project makes a left turn and is not in the best interest of the City. He said the guidelines are a good first step in trying to encompass a tool bag of good things that a project should have and when the design goes astray these will be some tools that staff can point to and say here is how you can improve this project and here is the guideline you are not meeting. He added that they will help the Planning Commission and City Council say this is what I do not like about the project and needs to be fixed, and that they are a good addition to the tool bag for planning in general. Comm. Rheaume said he will be supporting the motion and congratulated staff for a well done job putting the guidelines together. He said the guidelines help to demonstrate the City's expectations for developers when putting a project together and are a good tool to help them put together a good design. He said with regard to some of the projects recently reviewed, without these design guidelines developers might want to play it safe and build what the guy down the street built because it is not very clear other than dimensions or setbacks, which in the end do not leave us with a good looking building or a good design. He added that the guidelines can help to achieve a better end product. Vice Chair Olevson said he will be supporting the motion and that writing new standards from the get-go is a difficult job. He said it is clear from comments from the developer community that there was sufficient outreach to show that the guidelines were not being written from a mount on high, but instead staff got down into the nitty gritty and put something together that the people could support and live with. He said he particulary likes the addition in the motion to come back in three years to evaluate how we did, and that too often we pass a new program and then think that is the end of it and do not go back to evaluate it to see if it is City of Sunnyvale Page 16 Planning Commission Meeting Minutes - Final November 24, 2014 worthwhile. Comm. Simons said he will be supporting the motion, is happy about the outreach effort, and that staff has done a great job. He thanked the maker and seconder of the motion for doing an excellent job of collecting the zeitgeist of the evening that was going on and appreciates that they have pulled it all together. Chair Melton said he will be supporting the motion, and that staff and the consultant did a great job putting together a good document. He also thanked the members of the public for staying late for a lengthy public hearing and providing comments, which is a testament to their passion and desire to share their comments with the Planning Commission. He said it is interesting, and only City Council can answer this question, that the original triggering event in 2013 was a hearing of a project that some on Council may have found troubling in the way it played out, and which may not be specifically addressed by these new design guidelines. He said he finds that they are high-quality design guidelines that will ultimately get us to a better place in terms of providing clarity to the developer community on what we expect in the City. He added that he likes the built-in three year clock to revisit this with additional data, and he is sure that if it becomes clear that there are some issues with the design guidelines staff would bring it back to the Commission well in advance of the three years. 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) Approve design guidelines (Attachment 2) for high density multi-family residential and mixed use projects in the R-4, R-5, C-1, C-2 and DSP zoning districts, with modifications: a) Staff evaluate the use of rooftop gardens as potential open space; and b) Rework the mixed use parking guidelines to encourage unbundled parking for mixed use projects. 4) Direct staff to return within three years with data collected from upcoming planning applications to further evaluate appropriate zoning tools to address the issue. Comm. Klein seconded. The motion carried by the following vote: City of Sunnyvale Page 17 Planning Commission Meeting Minutes - Final November 24, 2014 Yes: 7 - Chair Melton Vice Chair Olevson Commissioner Durham Commissioner Harrison Commissioner Klein Commissioner Rheaume Commissioner Simons No: 0 6 Select and Rank Potential 2015 Study Issues Trudi Ryan, Planning Officer, said this item is the opportunity for the public to share comments on potential study issues. Chair Melton opened the public hearing, and upon seeing no speakers for this item, closed the public hearing. Chair Melton closed this agenda item. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Comm. Simons thanked and congratulated Kathy Berry, Senior Assistant City Attorney, on her retirement. Chair Melton said it has been an honor and pleasure to work with Ms. Berry and wished her the best in her retirement. Vice Chair Olevson thanked Ms. Berry for her support of the Commission. -Staff Comments Ms. Ryan complimented Ms. Berry on her advice to staff, and provided the Commission with an overview of upcoming items going to, and those recently heard by, City Council. INFORMATION ONLY ITEMS None. ADJOURN PUBLIC HEARING TO THE WEST CONFERENCE ROOM Chair Melton adjourned the public hearing to the West Conference Room at 11:40 p.m. City of Sunnyvale Page 18 Planning Commission Meeting Minutes - Final November 24, 2014 Completion of Public Hearing Item 5 to Select and Rank Potential Study Issues for 2015 The Planning Commission discussed potential study issues, voted on which ones to rank, defer or drop, and then ranked eight issues. For final results of the Planning Commission ranking, please go to the Planning Commission Meeting Details page and click on the link titled Planning Commission Final 2015 Study Issue Ranking. ADJOURNMENT With no further business the Planning Commission meeting was adjourned at 1:00 a.m. City of Sunnyvale Page 19