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Planning Commission

Regular Meeting

Sunnyvale, CA · December 14, 2015

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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 City of Sunnyvale Page 1 Planning Commission Meeting Minutes December 14, 2015 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. City of Sunnyvale Page 2 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 3 Planning Commission Meeting Minutes December 14, 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 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 City of Sunnyvale Page 4 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 5 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 6 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 7 Planning Commission Meeting Minutes December 14, 2015 PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 8 Planning Commission Meeting Minutes 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 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 City of Sunnyvale Page 9 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 10 Planning Commission Meeting Minutes December 14, 2015 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. City of Sunnyvale Page 11 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 12 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 13 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 14 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 15 Planning Commission Meeting Minutes December 14, 2015 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 City of Sunnyvale Page 16 Planning Commission Meeting Minutes December 14, 2015 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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