Planning Commission
Regular MeetingSunnyvale, CA · December 14, 2015
Minutes
City of Sunnyvale
Meeting Minutes
Planning Commission
Monday, December 14, 2015 6:30 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
6:30 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE
ROOM
1. 15-0986 File #: 2015-7772
Location: 460 Persian Drive (APN: 110-29-028)
Zoning: R4/PD/ITR
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to demolish a 24,014 sq.
ft. one-story commercial building and construct a four-story,
66-unit affordable rental apartment building (65 low-income
units and one on-site manager's residence), including a
ground-level podium parking garage and associated site
improvements.
Applicant / Owner: MidPen Housing Corporation (applicant) / MP
Edwina Benner Associates, L.P. (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: George Schroeder, (408) 730-7443,
gschroeder@sunnyvale.ca.gov
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2. 15-1010 File #: 2015-7576
Location: 1250 Lakeside Drive (APNs: 216-43-035, -036 )
Zoning: LSP
Proposed Project: Related applications on an 8.83-acre site:
SPECIFIC PLAN AMENDMENT: Amendment to the Lakeside
Specific Plan to revise the land use configuration and make
other miscellaneous updates.
SPECIAL DEVELOPMENT PERMIT: For development of an
existing vacant site with two new buildings and associated site
improvements - a six-story, 263-room hotel with an attached
3,393 sq. ft. restaurant and an attached three-level above
grade parking structure; and a seven-story, 250-unit apartment
building over a two-level podium parking garage.
Applicant / Owner: Wittek Development (applicant) / Sunnyvale
Partners, LTD (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: George Schroeder, (408) 730-7443,
gschroeder@sunnyvale.ca.gov
3. 15-1103 FILE #: 2015-7756
Location: 803 W El Camino Real (APN: 165-01-029,-042, -043)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT and TENTATIVE MAP to
allow a Mixed use project including 49 residential units (40
apartments + 9 single family homes) and 5,662 s.f. commercial
space and a to allow an expansion of the Grand Hotel (51
rooms)
Applicant / Owner: De Anza Properties / Pastoria El Camino
Partnership
Environmental Review: Mitigated Negative Declaration
Staff Contact: Ryan Kuchenig, (408)
730-7431,rkuchenig@sunnyvale.ca.gov
4. Public Comment on Study Session Agenda Items
5. Comments from Chair
6. 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.
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SALUTE TO THE FLAG
Chair Melton led the salute to the flag.
ROLL CALL
Present: 6 - Chair Russell Melton
Commissioner Ken Olevson
Commissioner Larry Klein
Commissioner Ken Rheaume
Commissioner David Simons
Commissioner Carol Weiss
Absent: 1 - Vice Chair Sue Harrison
ORAL COMMUNICATIONS
CONSENT CALENDAR
1.A. 15-1082 Draft Minutes of the Planning Commission Meeting of November 23,
2015
ACTION: Comm. Simons moved to approve the draft minutes as amended.
Comm. Klein seconded. Motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Olevson
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
Commissioner Weiss
No: 0
Abstained: 1 - Vice Chair Harrison
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1.B. 15-1090 File #: 2015-7801
Location: 865 Markham Terrace (APN: 165-46-102)
Zoning: R-1.7/PD (Low Medium Density Residential / Planned
Development) Zoning District
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: for a first floor addition of
267 square feet to the rear of the existing two-story,
single-family home resulting in a building size of 2,320 square
feet including a 410 square foot garage and a floor area ratio
(FAR) of 60%.
Applicant / Owner: Rong Chang USA Corporation (applicant) / Wei
Wei and Lina Liu (owner)
Environmental Review: Categorical Exempt Class 1
Project Planner: Teresa Zarrin, (408) 730-7429,
tzarrin@sunnyvale.ca.gov
Comm. Klein requested to pull the item off the consent agenda.
Andrew Miner presented the report.
Comm. Klein discussed the original planned development created smaller lots with
defined lot coverages and permeability. He said that generally, the commission
does not allow additions to these types of property. He noted that a previous
addition to a similar home considered by the Commission in February 2015 was
approved based on lot specific issues. He asked staff if there is something about
the project site that makes it unique.
Mr. Miner clarified that this proposal is similar to the one approved in February and
another in 2012, where the additions were proposed on the rear of the home.
Comm. Klein asked staff if they have long-term goals for future additions to this
planned development, in which additions were not pre-defined during the original
construction. Mr. Miner responded that it does increase the Floor Area Ratio,
however it keeps the same wall line and setback requirementsand that it allows an
applicant to grow with a need for space. He then noted that the decision is
ultimately up to the Commission, and staff could use the decision as precedence to
future applications. He further stated the Commission’s previous approvals to the
addition’s the similar homes in the development were used as a guide to
recommend approval to this proposal.
Comm. Simons thanked staff for discussing concerns that the proposal may
possibly be used as an accessory living unit, and asked if it would make more
sense to have the entrance to the addition facing the larger open space of the rear
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yard rather than facing the back fence. Mr. Miner responded that a separate
entrance to the addition is needed to meet building regulation; however, they could
condition the location of the entrance.
Comm. Rheaume asked if site design flexibility described in the Planned
Development Combining District includes this type of proposal. Mr. Miner
responded yes, that this proposal is within these parameters.
Comm. Olevson clarified that the rear entrance is not the only entrance to the
addition. He asked staff if the addition it could easily be converted into a rental unit.
Mr. Miner noted that this was an initial concern by staff, and not intending to pass
judgment towards the current owners, any addition of this type could possibly be
converted in the future, staff has added a deed restriction to the Conditions of
Approval to prevent the addition to be converting to an accessory living unit.
Chair Melton opened the public hearing.
Ms. Lina Liu discussed her proposal and stated that she needs a bedroom on the
first floor for her mother-in-law, and she is not able to go up the stairway. She noted
that a rear entrance is desired because her mother loves to garden and enjoys
spending time outdoors. She said the door will make it easier for her to access the
open space in the rear.
Joyce Wang, Rong Chang USA Corporation, said she was the designer for the
proposal. She noted that they are working on many projects with rear additions,
and that a downstairs bedroom is desired for the elderly parent.
Chair Melton closed the public hearing.
Comm. Reahume moved Alternative 1 to approve the Special Development Permit
in accordance to the findings in Attachment 3 with the conditions in Attachment 4.
Comm. Olevson seconded.
Comm. Rheaume can make the findings and although its Floor Area Ratio is larger,
the R1.7/PD zoning district allows for site design flexibility. He said he feels that the
design doesn’t impede into the neighbors, and that it is a way that owners could
accommodate their needs and stay in Sunnyvale.
Comm. Olevson said that he will be supporting the motion and could make the
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findings. He said it supports the General Plan and understands the applicant’s
personal needs to accommodate family. He noted that there is no visual impact.
Comm. Klein said he will not be supporting the motion, noting his understanding of
the applicant’s needs for an addition. He noted the small lot size, and the
community was designed with small lot sizes and maximum lot coverage (floor area
ratio). He noted that new homes with larger lots would not be allowed to have the
same ability to have a 57-60% Floor Area Ratio. He said when a larger portion of
land is being subdivided into smaller lots, the Commission is giving the developer
and the prospective owners certain abilities that are not seen by the standard
single family home owners; such as giving special Variances, and in this instance a
Special Development Permit, to allow the extra square feet. He noted if the
proposal is approved, every home in the neighborhood would want to add the extra
square feet. He thinks its breaking the standards of the Special Development
Permit as defined. He noted that an approval would open the floodgates for the
other homes in the Planned Development to get the same addition.
Comm. Simons requested the maker of the motion to include the option to consider
relocating the entrance of the addition to face the larger portion of the rear yard.
Comm. Rheaume and Comm. Olevson agreed to the friendly amendment. Comm.
Simons noted that he initially asked to approve permeable driveways when he was
on the Commission at the time this planned development was proposed, and
unfortunately it did not get included with the approval. He said he was having
difficulty supporting the motion because the original development did not intend to
add these types of additions. He said that he will not be supporting the motion.
Chair Melton said that he can make the findings and will be supporting the motion,
commending Comm. Klein and Comm. Simons for providing background to this
planned development. He noted that if other measures were taken during the initial
approval of the planned development to lock down the intent, such as a deed
restriction to the homes or if other measures were taken to not include future
additions, he may have reconsidered his support to the motion. He discussed
pervious space, stating that if it was adding additional parking and not for additional
living, then he may have also reconsidered his support.
Comm. Weiss said she can make the findings and will be supporting the motion.
She noted neighborhood compatibility, and does not think the addition will make the
home inconsistent with the neighborhood, noting that the addition is compatible
with the planned development. She noted that there have been transitions overtime
since 2009 for accepting a higher Floor Area Ratio and the precedence is already
set. She further stated that she thinks that it would be unfair to change the
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precedent. She noted that the proposal is not going beyond the 63.1% Floor Area
Ratio that is already found in the area.
MOTION:
Comm. Reahume moved Alternative 1 to approve the Special Development Permit
in accordance to the findings in Attachment 3 with the conditions in Attachment 4.
Comm. Olevson seconded. Motion carried by the following vote:
Yes: 4 - Chair Melton
Commissioner Olevson
Commissioner Rheaume
Commissioner Weiss
No: 2 - Commissioner Klein
Commissioner Simons
Absent: 1 - Vice Chair Harrison
1.C. 15-1099 File #: 2015-7717
Location: 897 Markham Ter. (APN: 165-46-068)
Zoning: R-1.7/PD (Low Medium Density Residential / Planned
Development) Zoning District
Proposed Project:
SPECIAL DEVELOPMENT PERMIT for a first floor addition of
98 square feet to the rear of an existing two-story, single-family
home resulting in 1,984 square and 50.6% floor area ratio
(FAR).
Applicant / Owners: Andrea Costanzo / Loching Keng Trustee
Environmental Review: Categorically Exempt Class 1
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
Motion: Comm. Klein moved to continue 1.C. of the Consent Calendar indefinitely,
as recommended by staff. Comm. Rheaume seconded. Motion carried by the
following vote:.
Yes: 6 - Chair Melton
Commissioner Olevson
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
Commissioner Weiss
No: 0
Absent: 1 - Vice Chair Harrison
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PUBLIC HEARINGS/GENERAL BUSINESS
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2. 15-1072 File #: 2014-7416 and 2014-7417
Location: 915 DeGuigne Drive and 936 E. Duane Avenue (APNs:
205-21-001 and 205-21-002)
Proposed Project:
Special Development Permit for the redevelopment of a 25.2
acre site with 450 residential townhouse units and a public
park;
Vesting Tentative Map to allow 13 lots and 450 condominium
units; and
Variance to allow concierge trash service
Environmental Review: Environmental Impact Report. (Certified by
City Council 11/17/15)
Applicant/Owner: Watt Investments at Sunnyvale, LLC
Project Planner: Ryan Kuchenig (408) 730-7431,
rkuchenig@sunnyvale.ca.gov
Ryan Kuchenig, presented the staff report. He noted a correction on section 4.2 on
page 49 of Attachment 4, that the Mitigation Monitoring and Reporting Program
(MMRP) only applies to the maximum build out and not the project.
Comm. Klein asked staff about the concierge trash service, and from a variance
standpoint, he asked if the trash concierge service fails, and if trash trucks need to
pick up at several locations instead of a single location, how will the trash trucks be
able to operate efficiently, referring to the findings on page 2 of attachment 3 of the
staff report. He further said that he assumes that the proposed street width needs
to accommodate Public Safety requirements such as a fire truck. Mr. Kuchenig
responded that trash trucks have different requirements than a fire truck, and it may
be needed in the future to re-examine the configuration so that a trash truck could
access these locations. Comm. Klein asked if staff had an update on the previously
approved trash concierge service on the project on Evelyn Avenue. Mr. Kuchenig
responded that the project has yet to be constructed; however, they have studied
other cities with this service and concluded that the program has been successful
with those developments.
Comm. Olevson noted that the East Sunnyvale Sense of Place Plan encourages
local retail, which the project does not include. He asked staff how this project
complies with encouraging retail. Mr. Kuchenig noted that this particular project
does not include retail; however, a park is included in the proposal, which is
encouraged in the East Sunnyvale Sense of Place Plan.
Comm. Simons stated his concern with mid-street pedestrian along Duane Avenue,
and asked if there are speed detection signs along the mid-street. Mr. Kuchenig
stated that he does not believe this is included in this proposal. Comm. Simons
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then asked if the concierge trash service would be compatible with possible future
recycling changes in the future.
Mr. Miner noted that the concierge trash service will have to meet City
requirements and adapt to any needs for waste disposal. He noted that the City
promotes green waste. Comm. Simons would like to add conditions of approvals for
speed detection signs and a pedestrian access up to the adjacent school.
Comm. Weiss agreed with the lack of retail and the hardship of not having enough
retail in the area. She noted the community park plan L1.2, and suggested that the
proposed artificial turf (#9) could be used to enlarge the community garden (#11).
Mr. Kuchenig noted that this may be able to be a modified condition. She then
discussed the below market rate units, and suggested for a portion of the Below
Market Rate units to be available to “very low income” applicants.
Susanne Ise, Housing Officer, discussed the Below Market Rate (BMR) programs
available to lower and moderate income levels, which is 100% of the median. She
further noted that the Down Payment Assistance Program could help applicants in
the lower income bracket (close to 50% of the median income), which loans up to
$50,000 dollars. She further stated that the City does have programs for low to very
low income applicants, which are rental units. She said that the BMR units are the
same as a standard unit and located throughout the development.
Chair Melton asked staff to clarify that the Variance for the concierge trash service
is implied in the Sunnyvale Municipal Code section 19.38.030. He then asked staff
if the Commission adopts Alternative 2 or 3, then they will have to approve
Alternative 1 as well. Mr. Kuchenig answered in the affirmative. Chair Melton
clarified with staff that a Variance allows the Commission to approve permits that
are not allowed in the Municipal Code. Chair Melton then noted his concern with
animals being able to access trash bags if they were used for the concierge trash
service. Mr. Kuchenig replied that the Commission may want to ask the applicant to
explain their plans for the concierge trash service.
Chair opened the public hearing.
Max Frank, Vice President of Watt Investments, gave a presentation and discussed
the background of the project. He addressed the concerns from the Commissioners
regarding the lack of retail, the mid-street crossings, expanding the community
garden, the number of BMR units, and the pedestrian access to the athletic field.
Comm. Rheaume asked if the applicants would be in agreement with adding a
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pedestrian access point to the adjacent athletic field. Mr. Frank noted that there is
currently a path to the property and a wood fence that could easily be reconstructed
and, if the school is in agreement with the access point, they could add a condition
to include a pedestrian path, either by the applicant or the home owners
association.
Jay Herbert, nearby resident, asked the Commission to require more parking. He
then noted parking problems in the adjacent developments, which met the required
parking spaces. He said that people use their garages for storage and park in the
available on-site spaces or on the street. He then noted his concern for traffic
safety along Duane Avenue.
Chair Melton asked if he was requesting the applicant to add to the 318 parking
spaces. Mr. Herbert clarified that 318 spaces would be too much to add, noting 100
more spaces would be more realistic.
Stan Hendryx, member of the public, reiterated the comments he submitted prior to
the hearing, on page eight of Attachment 10 (Comments received by the public)
and discussed housing, regulations, the neighborhood, and his recommendations.
He asked the Commission to deny the permit and to require the applicant to
reapply for a project with more affordable housing included.
Mr. Frank discussed the proposal further, addressing the speakers concerns.
Comm. Weiss asked if the residents are allowed to use the guest parking spaces.
Mr. Frank responded yes; however, that the homeowner’s association promotes the
residents to keep their garage available for parking.
Chair Melton asked how many spaces the 18 trash enclosures occupy, if the
commission were to approve the option of requiring trash enclosures instead of the
concierge trash service program. Mr. Frank responded that 12 spaces would
occupy the 18 extra spaces, and adding the trash enclosures would encroach open
space.
Chair Melton closed the public hearing.
Comm Klein noted their previous discussion regarding the intersection on Duane
Avenue and San Lusito Way, noting that this intersection is looking like a potential
problem. Mr. Kuchenig responded that the intersection was evaluated, and Public
Works traffic staff concluded that the intersection on Duane Avenue and San
Miguel Avenue did not warrant signalization.
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Comm. Simons asked staff if a community garden is categorized the same as park
space. Mr. Kuchenig clarified the use of a community garden as park space, having
it available to the public. Comm. Simons further discussed open space needs and
community involvement. Mr. Miner noted that a community garden would limit the
number of open space users. Comm. Simons noted the cumulative impacts and
that a park closes options for the future.
Chair Melton asked the Commission if they were ready to make a motion.
Comm. Simons moved Alternatives 1 and 3 to make the findings required by
CEQA, Adopt a Statement of Overriding Considerations and Mitigation Monitoring
Program and approve the Special Development Permit, Variance, and Vesting
Tentative and with modified conditions; 1) add a public access from the corner of
915 DeGuigne to the southwest corner of the edge of the athletic field at Fair Oaks
Park, 2) the concierge trash service is to be compatible with all future collection
types, 3) to include speed detection signs in each direction of East Duane Avenue
with respect to mid-street crossing or a controlled intersection, 4) to seriously
consider to use the sub 1-acre lot as a community garden. Comm. Rheaume
seconded.
Chair Melton clarified the motion, noting the pedestrian connection to Fair Oaks
Park from 915 DeGuigne up to the edge of the athletic field, COA EP-22 concierge
trash service, speed detection signs or controlled intersection, and to consider a
community garden on the sub 1-acre site.
Mr. Miner asked the Commission to amend staff’s correction to MMRP 4.2, that it
applies to the maximum build out and not the specific project. Comm. Simons and
Comm. Rheaume agreed.
Chair Melton asked Mr. Miner regarding the condition to add traffic mitigation on
Duane Avenue. Mr. Miner suggested that the Department of Public Works Traffic
Division should have their comments provided from an operational standpoint.
Comm. Simons said that he likes that additional park space; however, it is a small
section and is hoping that it could be used as a community garden. He said that he
hopes the applicant could understand that pre-planning a pedestrian access is a
plus. He reiterated his concern for the concierge trash service being able to adapt
to future recycling programs. He stated the traffic concerns, and noted that
mid-pedestrian crossings are challenges, stating that an extra effort should be
applied. He noted that the project is architecturally compatible with the City and can
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make the findings.
Mr. Miner clarified the motion about the pedestrian access, wording the condition in
a way to not compel the school to be required to add access. Comm. Simons
clarified the condition for the school to have an option to continue the pedestrian
public access to the athletic field at Fair Oaks Park.
Comm. Rheaume said that he will be supporting the motion. He said he met with
the applicant and appreciates their consideration on issues discussed. He noted
that the concierge trash service will be able to provide additional open space and
parking, and said he has confidence with the applicant that they know how to apply
this service correctly. He acknowledged that the proposal includes 56 BMR units to
the community. He noted his understanding that adding a pedestrian access to the
athletic field applies to the applicant only and hopes the school will not have
concerns and will allow the connection. He noted his concerns about the traffic and
the lack of retail. He noted that it would be a nice addition to the neighborhood if the
retail across the street gets upgraded, and hopes his fellow Commissioners
supports the motion.
Comm. Klein asked for a friendly amendment to have staff work with the
Department of Public Works Traffic Division to evaluate the intersection on Duane
Avenue and San Luisito Way. Comm. Simons agreed with the friendly amendment.
Comm. Klein said he will be supporting the motion. He noted the project has a lot of
positive aspects, noting the pedestrian trail and park. He commended the
developer for including walkability from a community standpoint. He likes the
community garden concept, and hopes the applicant could work with the existing
community garden on Charles Street. He noted the Civic Center Modernization
Plan recognizes the need for community gardens. He said he was able to make the
findings for the concierge trash service, but stated his concerns as the service and
hopes it will work correctly. He said that he hopes that more retail will be added to
the area, sustaining balance.
Comm. Olevson said he will be supporting the motion as he could make the
findings, especially for the Special Development Permit and meeting the General
Plan regarding BMR units. He noted the Variance and the concierge trash service,
saying that this is a good balance to provide the service and allowing more open.
The trash service should reduce the cost to the City by providing fewer trips. He
cannot make the required findings for the tentative map, as necessary, and he
supports the motion.
Comm. Weiss could make the findings and will support the motion as she admired
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the project, noting the added housing and the pedestrian connection.
Chair Melton will be supporting the motion, as he could make the findings. He
noted that this project is about adding housing to the City. He is comfortable with
the Variance to allow concierge trash service, noting the difference with this service
from a previous proposal that included concierge trash service is the mode of the
collection. He noted the parking concerns, but the need for community open space
is needed. He noted the need for more affordable housing to the area.
FINAL MOTION:
Comm. Simons moved Alternatives 1 and 3 to make the findings required by
CEQA, Adopt a Statement of Overriding Considerations and Mitigation Monitoring
Program and approve the Special Development Permit, Variance, and Vesting
Tentative and with modified conditions; 1) allow for future public access to be
provided from Fair Oaks Park to the southwest corner of the project site at the edge
of the athletic field south of the Kings Academy building, 2) modify EP-22 to allow
that concierge trash service will be compatible with all future collection types, 3)
study whether East Duane shall include speed detection signs or other safer option
near mid-block crossings, 4) to recommend consideration use the designated .8
acre public park as a community garden, 5) direct staff to work with Public Works to
evaluate whether any improvements can be made to the E.Duane and San Lusito
intersection as the road diet project moves forward 6) MMRP 4.2 shall not apply to
the proposed project (only max-build-out).
Comm. Rheaume seconded. The motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Olevson
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
Commissioner Weiss
No: 0
Absent: 1 - Vice Chair Harrison
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3 15-1036 File #: 2014-8019
Location: 750 Lakeway Drive (APNs: 216-043-014)
Zoning: M-S (Industrial Service)
Proposed Project: Consideration of application on a 6.14-acre site:
USE PERMIT: to allow redevelopment of an existing 232-room
Residence Inn hotel with demolition of 32 rooms and
construction of a new 7-story hotel with 111 guest rooms (79
net new rooms) and below grade parking, includes a parking
adjustment to allow less than the required amount of parking
for a hotel, and a DESIGN REVIEW to allow new construction .
Applicant / Owner: Ken Martin, DLR Group (applicant) / Richard A.
Mielbye, FPG Development Group (owner)
Environmental Review: Mitigated Negative Declaration
Margaret Netto, presented the staff report.
Comm. Klein asked staff about bicycle spaces and asked for clarification whether
Condition of Approval BP 18 addresses Class 1 bicycle parking spaces only. Ms.
Netto stated the project includes 14 Class 1 bike parking in the front of the hotel
and 16 Class 2 in the parking garage. Comm. Klein asked whether there is a
parking management plan that includes the proposed shuttle service because he
did not see a Condition of Approval (COA)Ms. Netto stated that COA BP 16
Addresses shuttle service.
Comm. Weiss noted that she visited the site and asked an employee what hours
the shuttle service operates. She has a concern since the bus stop is not nearby,
and if patrons rely on the shuttle service to travel around the area, they may be
limited to do so. She asked if the applicant could clarify the hours of operation for
the shuttle service.
Ms. Netto said they could add specific conditions to the hours of operation for
shuttle service. Comm. Weiss then asked if electric car charging stations are
required. Mr. Miner noted that there are no standard requirements pertaining to
electric car charging stations.
Chair Melton opened the public hearing.
Ken Martin presented their proposal, and clarified the hours of operation for the
shuttle service. He also clarified that there are 12 Class 2 bicycle spaces aside
from the 14 Class 1 bicycle spaces.
Mr. Martin further discussed the proposal and stated that they addressed the
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Commission’s concerns from previous meetings and addressed their comments in
this proposal.
Comm. Klein asked if they have plans to add electric charging stations. Mr. Martin
noted that they concluded that there is not a demand from their patrons for the
charging stations.
Comm. Simons asked the applicant to clarify his comment about not needing
charging stations due to the lack of demand. He said that they may not be aware
that electric charging stations are needed in the area.
Comm. Weiss responded in the affirmative regarding the need for electric charging
stations. She then asked the applicant about the windows, and if they are bird safe
and also if they are specially made to withstand the noise from Highway 101. Mr.
Martin replied that they are double pane to keep the noise out and reflective from
the outside to avoid bird collisions.
MOTION:
Comm. Klein moved Alternative 2, Adopt the Mitigated Negative Declaration
and approve the Use Permit, Design Review and Parking Adjustment with
modified conditions; BP-18, requiring 14 Class 1 and 12 Class 2 bicycle parking
spaces; BP-16(e), require shuttle service within 5 miles of the hotel with operating
hours from 7:00 am – 11 am for drop offs and 3:00 pm – 7:00 pm for pickups, as
specified by the applicant; add a minimum of four electric car charging stations.
Comm. Simons seconded.
Comm. Klein thanked the applicant for working to modify their plans based on the
Commission’s comments from their previous discussions. He said the proposal is
positive overall, noting they are going beyond Valley Transportation Authority
standards regarding bicycle parking regulations and for agreeing to provide electric
car charging stations. He does not think that people complain about the site does
not have electric car charging stations; however, one with an electric car would
surely utilize the service if it was provided.
Comm. Simons could make the findings, appreciating Comm. Klein’s condition to
add electric car charging stations. He said he appreciates the architectural
improvements, such as the gable. He said that the minor architectural elements
improve the project from what was originally presented during the study session.
Comm. Olevson appreciates the applicant’s revisions to the initial proposal. He
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could make the findings, and understands the need for hotel space to the City. He
appreciates the proposed modifications to the COA’s; however, he disagrees to the
requirement for adding electric car charging stations. He then said that the project
is a benefit to the City overall. He noted his will support to the motion.
Comm. Rheaume can make the findings, and also appreciates the applicants for
working with the Commission during the study session. He said that he is
impressed that they are saving trees, and it will help the overall proposal to the site.
He also noted his support to the motion.
Chair Melton stated he will support the motion, and appreciates the applicant in
making the initial investment to Sunnyvale. He noted that he looks forward to their
second project.
FINAL MOTION:
Comm. Klein moved Alternative 2, Adopt the Mitigated Negative Declaration and
approve the Use Permit, Design Review, and Parking Adjustment with modified
conditions; BP 18, requiring 14 Class 1 and 12 Class 2 bicycle parking spaces; BP
16(e), require shuttle service within 5 miles of the hotel with operating hours from
7:00 am – 11 am for drop offs and 3:00 pm – 7:00 pm for pickups, as specified by
the applicant; add a minimum of four electric car charging stations.
Comm. Simons seconded. The motion carried by the following vote:
Yes: 6 - Chair Melton
Commissioner Olevson
Commissioner Klein
Commissioner Rheaume
Commissioner Simons
Commissioner Weiss
No: 0
Absent: 1 - Vice Chair Harrison
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
Comm. Klein proposed a Study Issue to look at requirements and numbers for EV
Charging Stations on new developments and City property, as well as ways
studying a way of encouraging existing sites to offer electric car charging stations.
NON-AGENDA ITEMS AND COMMENTS
City of Sunnyvale Page 17
Planning Commission Meeting Minutes December 14, 2015
-Commissioner Comments
Comm. Olevson requested for staff to schedule a training session on the Below
Market Rate Program process. Mr. Miner said he would schedule a training session
in a future study session.
Chair Melton asked staff for updates on the “internet grocery store” application
located at the Orchard Supply Hardware site and on the "Landbank" application.
-Staff Comments
Mr. Miner reported that the "Landbank" project (Central Expressway/Wolfe Road)
has been sold and the new owner is working on a proposal to move forward.
Regarding the "internet grocery store" project, Mr. Miner noted that a traffic analysis
is being conducted by staff, and will provide an update, possibly in January when it
is planned to be completed. He then noted the status of Downtown Sunnyvale was
discussed at a previous City Council meeting.
INFORMATION ONLY ITEMS
None.
ADJOURNMENT
Chair Melton adjourned the meeting at 10:52 p.m.
City of Sunnyvale Page 18
Agenda
City of Sunnyvale
Notice and Agenda
Planning Commission
Monday, December 14, 2015 7:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
6:30 P.M. PLANNING COMMISSION - STUDY SESSION - WEST CONFERENCE
ROOM
1. 15-0986 File #: 2015-7772
Location: 460 Persian Drive (APN: 110-29-028)
Zoning: R4/PD/ITR
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: to demolish a 24,014 sq.
ft. one-story commercial building and construct a four-story,
66-unit affordable rental apartment building (65 low-income
units and one on-site manager's residence), including a
ground-level podium parking garage and associated site
improvements.
Applicant / Owner: MidPen Housing Corporation (applicant) / MP
Edwina Benner Associates, L.P. (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: George Schroeder, (408) 730-7443,
gschroeder@sunnyvale.ca.gov
2. 15-1010 File #: 2015-7576
Location: 1250 Lakeside Drive (APNs: 216-43-035, -036 )
Zoning: LSP
Proposed Project: Related applications on an 8.83-acre site:
SPECIFIC PLAN AMENDMENT: Amendment to the Lakeside
Specific Plan to revise the land use configuration and make
other miscellaneous updates.
SPECIAL DEVELOPMENT PERMIT: For development of an
existing vacant site with two new buildings and associated site
improvements - a six-story, 263-room hotel with an attached
3,393 sq. ft. restaurant and an attached three-level above
grade parking structure; and a seven-story, 250-unit apartment
building over a two-level podium parking garage.
Applicant / Owner: Wittek Development (applicant) / Sunnyvale
Partners, LTD (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: George Schroeder, (408) 730-7443,
gschroeder@sunnyvale.ca.gov
City of Sunnyvale Page 1 Printed on 12/11/2015
Planning Commission Notice and Agenda December 14, 2015
3. 15-1103 FILE #: 2015-7756
Location: 803 W El Camino Real (APN: 165-01-029,-042, -043)
Proposed Project:
SPECIAL DEVELOPMENT PERMIT and TENTATIVE MAP to
allow a Mixed use project including 49 residential units (40
apartments + 9 single family homes) and 5,662 s.f. commercial
space and a to allow an expansion of the Grand Hotel (51
rooms)
Applicant / Owner: De Anza Properties / Pastoria El Camino
Partnership
Environmental Review: Mitigated Negative Declaration
Staff Contact: Ryan Kuchenig, (408)
730-7431,rkuchenig@sunnyvale.ca.gov
4. Public Comment on Study Session Agenda Items
5. Comments from Chair
6. Adjourn Study Session
Any agenda related writings or documents distributed to members of the Planning
Commission regarding any open session item on this agenda will be made
available for public inspection in the Planning Division office located at 456 W.
Olive Ave., Sunnyvale CA 94086 during normal business hours, and in the Council
Chambers on the evening of the Planning Commission meeting pursuant to
Government Code §54957.5.
8:00 P.M. PLANNING COMMISSION - PUBLIC HEARING - COUNCIL CHAMBERS
CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
ORAL COMMUNICATIONS
This category provides an opportunity for members of the public to address the
commission on items not listed on the agenda and is limited to 15 minutes (may be
extended or continued after the public hearings/general business section of the
agenda at the discretion of the Chair) with a maximum of up to three minutes per
speaker. Please note the Brown Act (Open Meeting Law) does not allow
commissioners to take action on an item not listed on the agenda. If you wish to
address the commission, please complete a speaker card and give it to the
Recording Secretary. Individuals are limited to one appearance during this section.
City of Sunnyvale Page 2 Printed on 12/11/2015
Planning Commission Notice and Agenda December 14, 2015
CONSENT CALENDAR
1.A. 15-1082 Draft Minutes of the Planning Commission Meeting of November 23,
2015
1.B. 15-1090 File #: 2015-7801
Location: 865 Markham Terrace (APN: 165-46-102)
Zoning: R-1.7/PD (Low Medium Density Residential / Planned
Development) Zoning District
Proposed Project:
SPECIAL DEVELOPMENT PERMIT: for a first floor addition of
267 square feet to the rear of the existing two-story,
single-family home resulting in a building size of 2,320 square
feet including a 410 square foot garage and a floor area ratio
(FAR) of 60%.
Applicant / Owner: Rong Chang USA Corporation (applicant) / Wei
Wei and Lina Liu (owner)
Environmental Review: Categorical Exempt Class 1
Project Planner: Teresa Zarrin, (408) 730-7429,
tzarrin@sunnyvale.ca.gov
1.C. 15-1099 File #: 2015-7717
Location: 897 Markham Ter. (APN: 165-46-068)
Zoning: R-1.7/PD (Low Medium Density Residential / Planned
Development) Zoning District
Proposed Project:
SPECIAL DEVELOPMENT PERMIT for a first floor addition of
98 square feet to the rear of an existing two-story, single-family
home resulting in 1,984 square and 50.6% floor area ratio
(FAR).
Applicant / Owners: Andrea Costanzo / Loching Keng Trustee
Environmental Review: Categorically Exempt Class 1
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
Recommendation: RECOMMENDATION
Staff recommends an indefinite continuance of this
application. Re-notification of a new hearing date will be
required.
Prepared by: Noren Caliva-Lepe, Associate Planner
Approved by: Andrew Miner, Planning Officer
PUBLIC HEARINGS/GENERAL BUSINESS
City of Sunnyvale Page 3 Printed on 12/11/2015
Planning Commission Notice and Agenda December 14, 2015
2. 15-1072 File #: 2014-7416 and 2014-7417
Location: 915 DeGuigne Drive and 936 E. Duane Avenue (APNs:
205-21-001 and 205-21-002)
Proposed Project:
Special Development Permit for the redevelopment of a 25.2
acre site with 450 residential townhouse units and a public
park;
Vesting Tentative Map to allow 13 lots and 450 condominium
units; and
Variance to allow concierge trash service
Environmental Review: Environmental Impact Report. (Certified by
City Council 11/17/15)
Applicant/Owner: Watt Investments at Sunnyvale, LLC
Project Planner: Ryan Kuchenig (408) 730-7431,
rkuchenig@sunnyvale.ca.gov
3 15-1036 File #: 2014-8019
Location: 750 Lakeway Drive (APNs: 216-043-014)
Zoning: M-S (Industrial Service)
Proposed Project: Consideration of application on a 6.14-acre site:
USE PERMIT: to allow redevelopment of an existing 232-room
Residence Inn hotel with demolition of 32 rooms and
construction of a new 7-story hotel with 111 guest rooms (79
net new rooms) and below grade parking, includes a parking
adjustment to allow less than the required amount of parking
for a hotel, and a DESIGN REVIEW to allow new construction .
Applicant / Owner: Ken Martin, DLR Group (applicant) / Richard A.
Mielbye, FPG Development Group (owner)
Environmental Review: Mitigated Negative Declaration
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
-Staff Comments
INFORMATION ONLY ITEMS
City of Sunnyvale Page 4 Printed on 12/11/2015
Planning Commission Notice and Agenda December 14, 2015
ADJOURNMENT
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 5 Printed on 12/11/2015
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