Planning Commission
Regular MeetingSunnyvale, CA · July 27, 2015
Minutes
City of Sunnyvale
Meeting Minutes - Final
Planning Commission
Monday, July 27, 2015 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 15-0736 File #: 2015-7303
Location: 725 S. Fair Oaks Avenue (APN: 211-01-046)
Zoning: C-2/ECR
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to redevelop a former
restaurant site into a 182-room , five-story hotel with
underground parking. Project includes a VARIANCE to reduce
solar access to adjacent structures.
Applicant / Owner: Lifestyle Hotel / K3 Dev, LLC
Environmental Review: Mitigated Negative Declaration
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
2 15-0748 File #: 2015-7148
Location: Citywide
Project Description: Policies Regarding Private Security Cameras
(Study Issue)
Staff Contact: Rosemarie Zulueta, (408) 730-7437,
rzulueta@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.
City of Sunnyvale Page 1
Planning Commission Meeting Minutes - Final July 27, 2015
SALUTE TO THE FLAG
Chair Melton led the salute to the flag.
ROLL CALL
Present: 4 - Chair Russell Melton
Commissioner Sue Harrison
Commissioner Larry Klein
Commissioner David Simons
Absent: 2 - Vice Chair Ken Olevson
Commissioner Ken Rheaume
PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS
None.
CONSENT CALENDAR
1.A 15-0734 Approval of the Draft Minutes of the Planning Commission
Meeting of July 13, 2015
Comm. Klein moved to approve the draft minutes. Comm. Harrison seconded. The
motion carried by the following vote:
Yes: 4 - Chair Melton
Commissioner Harrison
Commissioner Klein
Commissioner Simons
No: 0
Absent: 2 - Vice Chair Olevson
Commissioner Rheaume
PUBLIC HEARINGS/GENERAL BUSINESS
City of Sunnyvale Page 2
Planning Commission Meeting Minutes - Final July 27, 2015
2 15-0740 File #: 2014-7236
Location: 863 San Pablo Ave. (APN: 205-04-040)
Zoning: R0
Proposed Project:
DESIGN REVIEW: To allow a two-story addition of 497 sq. ft.
to an existing 1,968 sq. ft. one-story home for a total of 2,465
sq. ft. and 48.7% F.A.R
Applicant / Owner: Messier Benitez / Gursharanjit (Jit) Jagait
Environmental Review: Categorical Exemption, CEQA Section
15301(e).
Project Planner: Teresa Zarrin, (408) 730-7429,
tzarrin@sunnyvale.ca.gov
Trudi Ryan, Planning Officer, presented the staff report, and noted that staff has
provided an additional recommended Condition of Approval (COA) regarding an
egress window in the rear second story bedroom.
Comm. Simons confirmed with Ms. Ryan that the additional COA is regarding
bedroom two.
Chair Melton opened the public hearing.
Gursharanjit Jagait, the project applicant, gave a presentation on the proposed
project.
Comm. Simons confirmed with Mr. Jagait that he is amenable to recommended
conditions on the windows.
Chair Melton closed the public hearing.
Comm. Simons moved Alternative 2 to approve the Design Review with a modified
condition to add staff recommended Condition of Approval PS-2 that the egress
window in the rear second story bedroom shall be the rear yard facing window.
Comm. Klein seconded.
Comm. Simons said we have had a number of homes in this neighborhood
historically increase in size, and the biggest conflicts for neighbors are those asking
for something similar in size but actually asking for designs that would have
impacts on some of our limits on backyards and sideyard setbacks. He said since
this is not pushing the boundaries in terms of where the space can go and it is
following the design rules he did not find it difficult to make the findings to support
this project, and said he thinks it is interesting how the neighborhood is changing
City of Sunnyvale Page 3
Planning Commission Meeting Minutes - Final July 27, 2015
and he expects many of these smaller homes to add square footage.
Comm. Klein said he will be supporting the motion and thanked the applicant for
working with staff to follow the Design Guidelines. He noted that too often we see
second story additions that push and go way past limits of our guidelines, and that
asking for a 25 percent second to first story ratio and working with staff to deal with
the coverage issue to come into compliance shows that the applicant is doing the
job to improve their property and meet the laws of Sunnyvale. He said he was able
to make the findings, that this will be a nice addition as the whole neighborhood is
in transition and looks forward to the project moving forward.
Chair Melton said he will be supporting the motion and thanked the applicant for
coming forward with the proposal. He said the project looks fantastic, he can make
the findings and that this will be a great addition. He said the house is on a beautiful
street and in a beautiful neighborhood, and that the applicant will be making a nice
capital injection into the neighborhood. He thanked the applicant for getting rid of
the legal nonconforming issue where the lot coverage was too big and noted that
the applicant wrote a letter to staff and the Planning Commission mentioning a
growing family. He noted that Sunnyvale has a lot of multi-generational families and
hopes the applicant brings the project to fruition and hopes the added family is a
wonderful addition to the house.
MOTION: Comm. Simons moved Alternative 2 to Approve the Design Review with
a modified condition:
1) Add staff recommended Condition of Approval PS-2, the egress window in the
rear second story bedroom shall be the rear yard facing window.
Comm. Klein seconded. The motion carried by the following vote:
Yes: 4 - Chair Melton
Commissioner Harrison
Commissioner Klein
Commissioner Simons
No: 0
Absent: 2 - Vice Chair Olevson
Commissioner Rheaume
City of Sunnyvale Page 4
Planning Commission Meeting Minutes - Final July 27, 2015
3 15-0668 File #: 2015-7505
Location: 1210 Bordeaux Drive (APN: 110-25-038)
Zoning: Moffett Park-Transit Oriented Development (MP-TOD)
Proposed Project: Related applications on a 2.07-acre site:
MAJOR MOFFETT PARK SPECIAL DEVELOPMENT
PERMIT: to allow a new 160-foot tall above grade level (AGL)
monopole for public safety radio communications and future
co-location space for private wireless telecommunications
carriers. The top of the antennas on the proposed monopole
would reach 175 feet tall AGL.
VARIANCE: to allow the proposed monopole to exceed the
125-foot height limit in the Moffett Park Transit-Oriented
Development (MP-TOD) zoning district.
Applicant / Owner: City of Sunnyvale
Environmental Review: Negative Declaration
George Schroeder, Associate Planner, presented the staff report.
Comm. Simons confirmed with Mr. Schroeder that there is no color requirement for
the pole, and Comm. Simons noted his concern that a color would not be chosen
now and mentioned that colocated users on the pole could maintain the paint. Trudi
Ryan, Planning Officer, said if users were identified that had asked to locate on the
pole it would be a reasonable request, but that it has not been marketed and it is
not definitive that there will be others on the pole.
Comm. Klein confirmed with Andrew Miner, Principal Planner, that the existing
similar pole on Pastoria Avenue has been painted twice and the one at City Hall
has the same galvanized color that is proposed for the subject pole.
Vice Chair Harrison verified with Mr. Miner that the pole on Pastoria is painted dark
green, and discussed a previous pole that was disguised as a tree. Vice Chair
Harrison confirmed with Ms. Ryan that a majority of poles are not painted, and that
staff finds that the Variance is justified because of the public use of the pole.
Chair Melton opened the public hearing.
Sunnyvale Department of Public Safety (DPS) Captain, Jeffrey Hunter, gave a
presentation on the proposed project.
Chair Melton verified with Captain Hunter that manufacturers of equipment
recommend not painting the poles because the paint might interfere with
communications, that certain types of paint would require the reevaluation of
materials which could increase the cost of construction for radio equipment and
City of Sunnyvale Page 5
Planning Commission Meeting Minutes - Final July 27, 2015
would require considering alternative types of metal for the pole.
In response to Comm. Klein's inquiry, Captain Hunter said he does not know what
material was used for the pole on Pastoria.
Chair Melton closed the public hearing.
Comm. Simons confirmed with Ms. Ryan that the metal surface of the pole will be
raw and that the antennae will have their own different metals and materials.
Comm. Klein confirmed with Mr. Schroeder that the antennae shown in the diagram
were part of the original installation, discussed with Ms. Ryan that antennae added
via colocation could be located higher than the 80 feet limit discussed by Captain
Hunter.
Vice Chair Harrison moved Alternative 1 to approve the Major Moffett Park Special
Development Permit and Variance with Recommended Conditions of Approval
found in Attachment 10.
Comm. Klein seconded.
Vice Chair Harrison said it seems staff has considered all of the alternatives and is
recommending what they feel is in the best interest of the City.
Comm. Klein said he will be supporting the motion, and that if colocation was not
involved with this pole the Planning Commission would not see this application. He
said regarding height, which is typically the biggest question when looking at
monopoles, the Variance requested is normal for what DPS would need from an
emergency standpoint, so he can grant the Variance. He noted that he does have
an issue with the color of the pole, that paint is often requested of other companies
putting in poles and he is hoping DPS and City staff can work with manufacturers to
get as dark a color as possible and definitely one that is non-reflective and bird
safe. He said he is hoping it will meet the spirit of staff's usual goals to get a dark
colored pole and that adding to the infrastructure of Moffett Park and the new Fire
Station makes this a good location for the pole. He noted that he disagrees with
staff that they are not sure any other utility company will be requesting antennae
once the pole is there, that people may quickly stand in line to improve coverage in
that area, especially with all of the new construction and influx of new employees.
Comm. Simons said the issues he has with this project are the color and that it is
going to be colocated. He noted that once the tower at Pastoria became available
City of Sunnyvale Page 6
Planning Commission Meeting Minutes - Final July 27, 2015
for colocation there was a new user every eight to 12 to 14 months. He said he did
research on tower maintenance and the problems of painting and zinc plating
failure and that painting can be used to fix a deteriorating tower with plating that is
going out. He said whether it is plating or paint coating, a plastic exterior or some
other kind of material that would be used for housing the pole, those options have
not been looked at enough and he will not be supporting the motion.
Chair Melton said he will be supporting the motion, can make the findings and that
the pole is fine. He said Fire Station 5 is really exciting and harkens back to a great
land swap arrangement made by City staff that is bearing fruit in terms of the new
station, new equipment and a new road. He said this is the opportunity to take a
great thing and make it even better and he hopes the pole is installed along with
the construction of the building.
MOTION: Comm. Harrison moved Alternative 1 to approve the Major Moffett Park
Special Development Permit and Variance with Recommended Conditions of
Approval found in Attachment 10.
Comm. Klein seconded. The motion carried by the following vote:
Yes: 3 - Chair Melton
Commissioner Harrison
Commissioner Klein
No: 1 - Commissioner Simons
Absent: 2 - Vice Chair Olevson
Commissioner Rheaume
City of Sunnyvale Page 7
Planning Commission Meeting Minutes - Final July 27, 2015
4 15-0585 Introduce an Ordinance to add a new Chapter 19.76 entitled
Short-term Rentals and Home Sharing to Title 19 of the Sunnyvale
Municipal Code, and find that the project is exempt under CEQA
pursuant to Guidelines 15061(b)(3) (Study Issue 2015-7147)
Chair Melton confirmed with Rebecca Moon, Senior Assistant City Attorney, that
approval of an amendment to the Zoning Code would require a vote of the majority
of the members of the whole Planning Commission, which is four.
Andrew Miner, Principal Planner, presented the staff report.
Comm. Klein confirmed with Mr. Miner that AirBnB is capable of automatically
deducting the Transient Occupancy Tax (TOT), and discussed the proposed permit
approval process and permit fee. Comm. Klein discussed with staff whether an
accessory living unit being used as a short-term rental would be considered a
hosted or unhosted site. Ms. Ryan added that the subtlety can be corrected in the
Ordinance to say that if otherwise no one is using the accessory unit it could be
used for rental. Comm. Klein discussed with Jeffery Hunter, Department of Public
Safety (DPS) Captain, several municipal code violations at short-term rental sites
that were investigated by the Neighborhood Preservation Division of DPS, and
confirmed with Ms. Moon the fines for such violations. Mr. Miner added that clearly
defining the rules in the Ordinance for renters and working with the different
platforms to educate potential users may help avoid violations. Comm. Klein
discussed with Mr. Miner State level actions and proposed bills.
Vice Chair Harrison discussed with Mr. Miner the permit approval process and what
may serve as grounds for denial of a permit. Vice Chair Harrison also confirmed
with Mr. Miner that accessory living units are limited to one bedroom, and
discussed with staff whether that would accommodate both resident and renter.
Comm. Simons discussed with staff the process of permit revocation and how
neighbor complaints would be addressed. Comm. Simons also discussed with staff
ideas for encouraging people to file for a permit once the Ordinance goes into
effect, and potentially requiring anyone who receives a violation to wait two years
before applying for permit. Comm. Simons confirmed with staff that the space being
rented must be inside of the residence, and confirmed with Ms. Moon that this
Ordinance covers renting a room or home for compensation and would not impact
house swaps.
Chair Melton verified with Mr. Miner that one could not rent out a tent or balcony,
and Chair Melton suggested making that as clear as possible in the Ordinance.
Chair Melton and Mr. Miner discussed the level of cooperation and communication
City of Sunnyvale Page 8
Planning Commission Meeting Minutes - Final July 27, 2015
of AirBnB with staff, and Chair Melton suggested also making clear that
unaccompanied minors cannot be renters. Chair Melton and staff discussed the
requirement of homeowners to get approval from a Home Owners Association
(HOA) to rent property, and discussed neighborhood impacts of allowing unhosted
sites. Chair Melton mentioned that he met with a member of the public who rents a
unit to see her unit and how she advertises it.
Chair Melton opened the public hearing.
Lorraine Heng, a Sunnyvale resident, discussed her participation in and support of
allowing short-term rentals and her disagreement with over-regulation. Comm.
Simons discussed with Ms. Heng whether her daughter, who lives in close
proximity to her rental site, would be considered a host.
Dan Paustian, a Sunnyvale resident, discussed his appreciation of short-term
rentals and support of the service. Chair Melton confirmed with Mr. Paustian that he
does not have a maximum number of adult rule, and Mr. Paustian said he generally
limits rental to two adults per bedroom and that at most he has had ten people
renting at one time, three of which were children.
Stacey McGowen, a Sunnyvale resident and AirBnB host and guest, discussed her
support of the unhosted model of service.
Linda McGahen, a Sunnyvale resident and AirBnB host, discussed her support of
the short-term rental service.
Sarah McDermott, with Unite Here Local 19, discussed the impact of short-term
rentals on affordable housing, and suggested allowing for short-term use in a
responsible way.
Simone Yau, a Sunnyvale resident and AirBnB host, discussed her support of the
short-term rental service without over-regulation. Vice Chair Harrison discussed
with Ms. Yau the regulations that make her fear she would have to discontinue
renting out her home.
Ray Crump, a Sunnyvale resident, discussed his concern with preserving the single
family neighborhood and his support of regulation.
Chair Melton closed the public hearing.
Comm. Klein clarified with Mr. Miner the Housing Commission recommendations,
City of Sunnyvale Page 9
Planning Commission Meeting Minutes - Final July 27, 2015
and confirmed that a record of permit issuance will be available online.
Vice Chair Harrison verified with Mr. Miner that no consideration was given to
requiring an agent of an unhosted property be within a certain distance of the
property, and discussed whether any consideration was given to limiting the
number of properties one person or company could rent.
Chair Melton confirmed with Ms. Moon staff is amenable to the Planning
Commission voting on each Alternative individually, and clarified the voting
requirement to approve an amendment to the Zoning Code.
Comm. Simons suggested reaching consensus on each potential modification.
MOTION: Comm. Simons moved to recommend to City Council Alternatives:
2) Direct staff to return with a Resolution amending the Fee Schedule to reflect the
appropriate processing fee for short-term rentals; and,
3) Find that the project is exempt from CEQA under Guideline 15061(b)(3).
Comm. Klein seconded. The motion carried by the following vote:
Yes: 4 - Chair Melton
Commissioner Harrison
Commissioner Klein
Commissioner Simons
No: 0
Absent: 2 - Vice Chair Olevson
Commissioner Rheaume
City of Sunnyvale Page 10
Planning Commission Meeting Minutes - Final July 27, 2015
Comm. Simons moved to recommend to City Council Alternative 4 to introduce an
Ordinance to add a new Chapter 19.76 entitled Short-term Rentals and Home
Sharing to Title 19 of the Sunnyvale Municipal Code with modifications to the staff
recommendation:
1) Allow a maximum of four overnight guests, not including children;
2) If the ordinance passes, it shall be reviewed in 24 months;
3) Recommend that any central company handling short-term rentals over the
internet collect the Transient Occupancy Tax;
4) After six months of the Ordinance being in effect those who have been using
their homes for short-term rentals without a permit cannot apply for a permit for
24 months.
Vice Chair Harrison clarified this modification with Comm. Simons. Mr. Miner and
Ms. Moon added that the goal is to bring people in to register and come under
compliance and that a moratorium could defeat that purpose. Comm. Simons
withdrew his fourth modification.
Chair Melton noted that if an issue is not addressed as part of the motion, the
Planning Commission would be going along with the staff recommendations.
Comm. Klein seconded, and offered a friendly amendment to reword the ordinance
to specify that property hosting requirements are per unit, except that sites with a
duplex or an accessory living unit may be by property. All Commissioners
consented.
Vice Chair Harrison offered a friendly amendment to allow unhosted properties in
the Ordinance as long as the owner owns no more than two properties that they are
renting in this manner, and an agent is within 300 yards. Comm. Simons said he
will not accept that amendment as stated.
Comm. Klein and Mr. Miner discussed the difficulty of enforcement in requiring
permits to list a primary contact that has to be within 200 feet of the rental site.
Chair Melton suggested allowing unhosted sites and limiting those to a maximum of
six overnight guests.
Comm. Klein said that is not the crux of problem, which is who is in charge if there
are any issues.
Mr. Miner interjected that the unhosted option raises the possibility of removing
housing which can make a bad housing market worse and questions who will be
City of Sunnyvale Page 11
Planning Commission Meeting Minutes - Final July 27, 2015
there to manage any problems that arise. Ms. Ryan added that staff has tried to be
on the side of caution with the recommendation to have the Ordinance reviewed in
24 months, that at that time it may be appropriate to expand features of the
program and that beginning with more limitations makes it easier to expand the
options in the future.
Comm. Simons discussed with Mr. Miner whether staff considered allowing the
unhosted option with a local property management professional.
Comm. Klein suggested recommending to City Council that the unhosted option not
be part of the Ordinance now, and to direct staff to evaluate that or shorten the
earlier recommended 24 months specifically to discuss the unhosted issue at that
later date. Comm. Simons clarified this modification with Comm. Klein. Vice Chair
Harrison said she would support an unhosted option if an agent is very close by.
Comm. Klein suggested reviewing the Ordinance in 12 months rather than 24. All
Commissioners consented.
Chair Melton said he thinks it is enough to requiring an owner's signature to sublet
a site one is renting, to limit the number of people on an unhosted site and that he
thinks we need to allow this by right. He said it is hard to come to the conclusion
that the unhosted option is prohibited out of gate until it is reviewed in 12 months.
He said he would vote yes if the unhosted option is reviewed in six months.
Mr. Miner asked for clarification of what the Commission expects staff to bring for
review in six months.
Comm. Klein interjected that most of the Commission thinks the unhosted option
should be part of the Ordinance, but that he is not sure the Commission can come
up with a meaningful solution tonight to allow both the hosted and unhosted options
without much enforcement. He said recommending a change to the Ordinance to
allow an unhosted option without a process in place does not seem to be an
appropriate response, and that he is amenable to revisiting the unhosted option in
six months. He said City Council may decide to include the option and improve the
permit process. Mr. Miner said if the consensus is to pursue an unhosted option the
Planning Commission can direct staff to come up with wording to give a
recommendation to City Council.
Comm. Simons said we are recommending to City Council inclusion of an unhosted
option with the goals that may or may not include having a contact person in close
proximity to the property, that there are limited numbers of property an individual
owner can own and rent and that the unhosted option can include an increased
City of Sunnyvale Page 12
Planning Commission Meeting Minutes - Final July 27, 2015
number of maximum guests. Ms. Moon interjected that limiting someone in
engaging in this rental activity based on the number of properties they own is not
legal.
Chair Melton clarified that the concept of unhosted is supported by the Commission
in general and we are asking staff to come up with language that would address
the Planning Commission concerns of having a local person of control and a
maximum number of adults greater than four. He offered a friendly amendment to
add a recommendation to prohibit unaccompanied minors from renting sites and
prohibit the rental of tents in a backyard.
Comm. Simons said there may be concern with the age restriction being 18 years
old.
Chair Melton confirmed with Ms. Ryan that specific amendments should be
included in the motion.
Comms. Klein and Simons discussed the age restriction concern with Ms. Moon
and accepted the amendment.
Comm. Simons said this is a complicated issue, and that he is probably in the
minority regarding the unhosted issue and would have gone with the staff
recommendation to not allow it at this time. He said his concern is not that there is
no usefulness to unhosted short-term rentals in Sunnyvale, but rather about
minimizing potential abuses and implementing rules that will be followed and will be
useful to the citizens of Sunnyvale. He said he is supporting this as a group motion,
and wishes staff well on coming up with a workable unhosted solution. He added
that he came into the meeting with certain expectations having heard complaints
from the community about renters who have not been gracious in how they handle
their renters, but he appreciates the public who came out to speak, some of whom
are the finer renters using AirBnB and other services who have changed his
perceptions.
Comm. Klein said this is a complex issue that we have discussed with City Council
and we want to put something in the code to help resolve issues and abuses in the
City. He noted that the people who showed up to speak have all had positive
experiences renting out their homes, that he has rented via AirBnB and has always
had a good experience, but that the people here are not the problem. He said the
people who do abuse services and cause problems in their neighborhood may be
renting to too many people thus causing noise and traffic issues. He said an
unhosted site causes more issues but does need to be an option, whether or not
City of Sunnyvale Page 13
Planning Commission Meeting Minutes - Final July 27, 2015
staff comes up with, and Council approves, a way to regulate is the question. He
said it is a great idea that the City will get its TOT and help City coffers, that the
extra burden short-term rentals are putting on the City with the Neighborhood
Preservation Division or neighbors dealing with the abuse issues will be addressed.
He said the Ordinance will give the general public an option to not rent at a hotel
where those fees will ultimately be paid and that putting in place a permitting
process is important and will deal with AirBnB and other services collecting fees
does so that it does not become a property owner or renter issue. He said he
hopes it works, that we are putting the review process in place to see if allowing
short-term rentals is burdensome, and that this hearing will provide feedback to
Council on how successful it can be and how many nuisances we have had. He
said hopefully this will alleviate concerns and help neighbors and residents utilize
the service. He added that he is supporting the motion, and that hopefully staff and
Council can come together on a final Ordinance.
Vice Chair Harrison said she will be supporting the motion, that she has stayed in
hosted and unhosted AirBnB situations and can see the value of having a
short-term rental for a large group of people at an unhosted site. She said has had
relatives from many parts of the country come together to stay at an unhosted site
and she finds that limiting the number of people at an unhosted site limits the
experience. She said she has a strong concern of the concept of unaccompanied
minors and how it plays into human trafficking, that she hopes staff and Council can
come up with an unhosted option solution and that having a substitute host in short
proximity to the property which is similar to having the property owner renting out
but not living in the dwelling unit shows they care about the rental and being a
contact for the renter.
Chair Melton said he will be supporting the motion, and thanked the public for
sharing their comments and staff for a great report. He noted that this has been a
challenging public hearing, not because of disagreeable opinions, but because
there are many moving pieces that has caused the Planning Commission to take a
while to get to a motion. He said this is about competing priorities, that we are
trying to draw people into the process and not make it complicated enough to
discourage them. He said we are trying to emphasize the good and deemphasize
the bad, that we have a lot of good hosts here but that there will always be some
joker who takes a bonafide rental and makes a profit by subletting it. He said we
need to protect neighborhoods and affordable housing, and he thinks we have
ended up at place where we have accomplished some or most of those priorities,
and have also put in a review period of 12 months. He noted that we decided
before to review how something is working after a set period of time, that he finds it
interesting that Chair Gilbert of the Housing and Human Services Commission
City of Sunnyvale Page 14
Planning Commission Meeting Minutes - Final July 27, 2015
tussled with the unhosted option as well and that he is interested in seeing where
City Council ends up on all of this.
FINAL MOTION: Comm. Simons moved to recommend to City Council Alternative 4
to introduce an Ordinance to add a new Chapter 19.76 entitled Short-term Rentals
and Home Sharing to Title 19 of the Sunnyvale Municipal Code with modifications
to the staff recommendation:
1) Allow a maximum of four overnight guests, not including children;
2) If the ordinance passes, it shall be reviewed in 12 months;
3) Recommend that any central company handling short-term rentals over the
internet collect the Transient Occupancy Tax;
4) Reword the ordinance to specify that property hosting requirements are per unit,
.
except that sites with a duplex or an accessory living unit may be by property;
5) Recommend allowance of an unhosted option and direct staff to come up with
language for the goal of having a local agent per site and a maximum number of
adults that is greater than four; and,
6) No unaccompanied minors at short-term rental sites.
Comm. Klein seconded. The motion carried by the following vote:
Yes: 4 - Chair Melton
Commissioner Harrison
Commissioner Klein
Commissioner Simons
No: 0
Absent: 2 - Vice Chair Olevson
Commissioner Rheaume
5 15-0733 Standing Item: Potential Study Issues for 2016
Comm. Simons suggested a potential study issue that would look at developing a
Transportation Demand Management process for multi-family developments, to
which Ms. Ryan replied that City staff is currently working on such a study issue.
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
Chair Melton mentioned that he attended the Civic Center Modernization Project
meeting on Saturday, that City staff put on a great event. He asked that staff
provide an overview of the proposed project at 777 Sunnyvale-Saratoga Road.
City of Sunnyvale Page 15
Planning Commission Meeting Minutes - Final July 27, 2015
-Staff Comments
Ms. Ryan said the project at 777 Sunnyvale-Saratoga Road involves the demolition
of a portion of the Orchard Supply Hardware facility to make space for a new tenant
with the concept that one could order groceries online and pick them up at that
place. Chair Melton confirmed with Ms. Ryan that the decision made by the Zoning
Administrator to approve the permit is still appealable.
Ms. Ryan announced that City Council is interviewing Board and Commission
applicants and may make an appointment to the Planning Commission on August
11. She announced upcoming study sessions of City Council that may be of
interest to the Planning Commission to attend, and discussed recently heard and
upcoming Planning related Council items.
INFORMATION ONLY ITEMS
15-0735 Revisions to the Toolkit for Mixed-use Developments
Vice Chair Harrison verified with Mr. Miner that the section regarding removal of
electric car charging stations and encouraging preferential locations is already in
the Zoning Code, and confirmed that the section regarding mixed-use project sites
close to transit stops specifies that the project must be close to station and not just
near a train or bus that passes by.
ADJOURNMENT
With no further business Chair Melton adjourned the Planning Commission meeting
at 11:03 p.m.
City of Sunnyvale Page 16
Agenda
City of Sunnyvale
Notice and Agenda - Revised
Planning Commission
Monday, July 27, 2015 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 15-0736 File #: 2015-7303
Location: 725 S. Fair Oaks Avenue (APN: 211-01-046)
Zoning: C-2/ECR
Proposed Project:
SPECIAL DEVELOPMENT PERMIT to redevelop a former
restaurant site into a 182-room , five-story hotel with
underground parking. Project includes a VARIANCE to reduce
solar access to adjacent structures.
Applicant / Owner: Lifestyle Hotel / K3 Dev, LLC
Environmental Review: Mitigated Negative Declaration
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
2 15-0748 File #: 2015-7148
Location: Citywide
Project Description: Policies Regarding Private Security Cameras
(Study Issue)
Staff Contact: Rosemarie Zulueta, (408) 730-7437,
rzulueta@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.
City of Sunnyvale Page 1 Printed on 7/24/2015
Planning Commission Notice and Agenda - Revised July 27, 2015
8:00 P.M. PLANNING COMMISSION - PUBLIC HEARING - COUNCIL CHAMBERS
CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
PUBLIC ANNOUNCEMENTS/PUBLIC COMMENTS
Speakers are limited to 3 minutes for announcements of related commission
events, programs, resignations, recognitions, acknowledgments.
CONSENT CALENDAR
1.A 15-0734 Approval of the Draft Minutes of the Planning Commission
Meeting of July 13, 2015
PUBLIC HEARINGS/GENERAL BUSINESS
2 15-0740 File #: 2014-7236
Location: 863 San Pablo Ave. (APN: 205-04-040)
Zoning: R0
Proposed Project:
DESIGN REVIEW: To allow a two-story addition of 497 sq. ft.
to an existing 1,968 sq. ft. one-story home for a total of 2,465
sq. ft. and 48.7% F.A.R
Applicant / Owner: Messier Benitez / Gursharanjit (Jit) Jagait
Environmental Review: Categorical Exemption, CEQA Section
15301(e).
Project Planner: Teresa Zarrin, (408) 730-7429,
tzarrin@sunnyvale.ca.gov
City of Sunnyvale Page 2 Printed on 7/24/2015
Planning Commission Notice and Agenda - Revised July 27, 2015
3 15-0668 File #: 2015-7505
Location: 1210 Bordeaux Drive (APN: 110-25-038)
Zoning: Moffett Park-Transit Oriented Development (MP-TOD)
Proposed Project: Related applications on a 2.07-acre site:
MAJOR MOFFETT PARK SPECIAL DEVELOPMENT
PERMIT: to allow a new 160-foot tall above grade level (AGL)
monopole for public safety radio communications and future
co-location space for private wireless telecommunications
carriers. The top of the antennas on the proposed monopole
would reach 175 feet tall AGL.
VARIANCE: to allow the proposed monopole to exceed the
125-foot height limit in the Moffett Park Transit-Oriented
Development (MP-TOD) zoning district.
Applicant / Owner: City of Sunnyvale
Environmental Review: Negative Declaration
4 15-0585 Introduce an Ordinance to add a new Chapter 19.76 entitled
Short-term Rentals and Home Sharing to Title 19 of the Sunnyvale
Municipal Code, and find that the project is exempt under CEQA
pursuant to Guidelines 15061(b)(3) (Study Issue 2015-7147)
5 15-0733 Standing Item: Potential Study Issues for 2016
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
-Staff Comments
INFORMATION ONLY ITEMS
15-0735 Revisions to the Toolkit for Mixed-use Developments
ADJOURNMENT
City of Sunnyvale Page 3 Printed on 7/24/2015
Planning Commission Notice and Agenda - Revised July 27, 2015
Any agenda related writings or documents distributed to members of the Planning
Commission regarding any open session item on this agenda will be made
available for public inspection in the Planning Division office located at 456 W.
Olive Ave., Sunnyvale CA 94086 during normal business hours, and in the Council
Chambers on the evening of the Planning Commission meeting pursuant to
Government Code §54957.5.
Agenda information is available by contacting The Planning Division at (408)
730-7440. Agendas and associated reports are also available on the City’s web
site at sunnyvale.ca.gov or at the Sunnyvale Public Library, 665 W. Olive Ave.,
Sunnyvale, 72 hours before the meeting.
Planning a presentation for a Planning Commission meeting?
To help you prepare and deliver your public comments, please review the "Making
Public Comments During City Council or Planning Commission Meetings"
document available at Presentations.inSunnyvale.com.
PLEASE TAKE NOTICE that if you file a lawsuit challenging any final decision on
any public hearing item listed in this agenda, the issues in the lawsuit may be
limited to the issues which were raised at the public hearing or presented in writing
to the City at or before the public hearing.
PLEASE TAKE FURTHER NOTICE that Code of Civil Procedure section 1094.6
imposes a 90-day deadline for the filing of any lawsuit challenging final action on
an agenda item which is subject to Code of Civil Procedure section 1094.5.
Pursuant to the Americans with Disabilities Act, if you need special assistance in
this meeting, please contact the Planning Division at (408) 730-7440. Notification
of 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting. (29 CFR 35.106 ADA Title II)
City of Sunnyvale Page 4 Printed on 7/24/2015
Get email alerts for Sunnyvale
A daily email when new agendas and minutes are posted.