Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, February 22, 2016 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 16-0113 File #: 2015-7275 Location: 1111 Lockheed Martin Way (APNs: 110-01-036 and 110-01-038) Proposed Project: Discussion and possible actions on: CERTIFICATION OF FINAL ENVIRONMENTAL IMPACT REPORT; SPECIFIC PLAN AMENDMENT to modify the Moffett Park Specific Plan from Moffett Park Industrial to Moffett Park Transit Oriented Development; REZONING Introduction of an Ordinance to Rezone from MP-I (Moffett Park Industrial) to MP-TOD (Moffett Park Transit Oriented Development). Applicant / Owner: Jay Paul Company/ Lockheed Missiles and Space Co., Inc.. 16-0209 File #: 2015-7150 Location: Citywide Project Description: Consider Multi-family Residential Transportation Demand Management (TDM) Programs Staff Contact: Amber Blizinski (El-Hajj), (408) 730-2723, ael-hajj@sunnyvale.ca.gov <mailto:ael-hajj@sunnyvale.ca.gov> Public Comment on Study Session Agenda Items Comments from Chair Adjourn Study Session 8 P.M. PLANNING COMMISSION - PUBLIC HEARING - COUNCIL CHAMBERS CALL TO ORDER City of Sunnyvale Page 1 Planning Commission Meeting Minutes February 22, 2016 Chair Melton called the meeting to order in Council Chambers. SALUTE TO THE FLAG Chair Melton led the salute to the flag. ROLL CALL Present: 7 - Chair Russell Melton Vice Chair Sue Harrison Commissioner Ken Olevson Commissioner Larry Klein Commissioner Ken Rheaume Commissioner David Simons Commissioner Carol Weiss ORAL COMMUNICATIONS None. CONSENT CALENDAR Commission Klein requested to pull Item 1.B from the Consent Calendar. Commissioner Simons requested to pull Item 1.A from the Consent Calendar. 1.A 16-0156 Draft Minutes of the Planning Commission Meeting of January 25, 2016 Commissioner Simons requested staff review the recording for the Stratford School item at the point at which the Stratford representative cited benefits to the community; Commissioner Simons stated he was not necessarily in agreement with some the statements, but it appears that way as written in the draft minutes. In addition, Commissioner Simons requested staff review the recording in reference to page 13, as he does not think he stated, “and if the property gets dilapidated it needs to be sold,” as indicated in the draft minutes. MOTION: Commissioner Simons moved and Commissioner Klein seconded the motion to approve the minutes of the Planning Commission Meeting of January 25, 2016 with the requested modifications. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes February 22, 2016 Yes: 7 - Chair Melton Vice Chair Harrison Commissioner Olevson Commissioner Klein Commissioner Rheaume Commissioner Simons Commissioner Weiss No: 0 1.B 16-0210 Draft Minutes of the Planning Commission Meeting of February 8, 2016 Commissioner Klein stated he would abstain from voting on the minutes as he was not present at the meeting. MOTION: Vice Chair Harrison moved and Commissioner Rheaume seconded the motion to approve the minutes of the Planning Commission Meeting of February 8, 2016. The motion carried by the following vote: Yes: 6 - Chair Melton Vice Chair Harrison Commissioner Olevson Commissioner Rheaume Commissioner Simons Commissioner Weiss No: 0 Abstained: 1 - Commissioner Klein PUBLIC HEARINGS/GENERAL BUSINESS 2 16-0043 File #: 2015-7530 and 2015-7936 Location: 521 E. Weddell Drive (APN: 110-14-196), 531 E. Weddell Drive (APN: 110-14-186), 539 E. Weddell Drive (APN: 110-14-158), 1010 Morse Ave. (APN: 110-14-202) Proposed Project: GENERAL PLAN AMENDMENT: Proposed land use designation change from Industrial to School on three parcels (521, 531, and 539 E. Weddell Drive) and from Industrial to Residential/Medium to High Density to Park on one parcel (1010 Morse Ave. - Seven Seas Park); and City of Sunnyvale Page 3 Planning Commission Meeting Minutes February 22, 2016 REZONING from MS-POA (Industrial and Service - Places of Assembly Combining District) on three parcels (521, 531 and 539 E. Weddell Drive) and MS-ITR-R3-PD (Industrial and Service - Industrial to Residential/Medium Density Residential/Planned Development) on one parcel (1010 Morse Ave. - Seven Seas Park) to PF (Public Facilities) zoning. Applicant / Owner: Sunnyvale International Church and Summit School (applicants) / Sunnyvale International Church (owner - 521 and 539 E. Weddell Drive), 1st Morning Light Chinese Christian Church (owner - 531 E. Weddell Drive), and City of Sunnyvale (owner - 1010 Morse Ave.) Environmental Review: Negative Declaration Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Project Planner Momoko Ishijima presented the staff report and responded to Commissioner questions. Planning Officer Andrew Miner and Senior Assistant City Attorney Rebecca Moon provided additional information. Commissioner Simons inquired about the potential rezoning request as it relates to the proximity to Hetch Hetchy and the John Christian Trail and ADA requirements. Commissioner Rheaume inquired about General Plan land use designations. Vice Chair Harrison inquired about the reference to day care and preschool activities in Attachment 8. Commissioner Olevson inquired about potential noise and pollution from exhaust near the project if children will be present. Commissioner Olevson inquired about the reference to the balanced growth plan on page 6 of 7 of the staff report. Commissioner Klein inquired as to why staff does not consider commercial use viable for the site. Commissioner Klein commented about air quality and potential hazardous materials in the industrial buildings. Commissioner Weiss inquired if 531 E. Weddell Drive could be considered separately and inquired about improving the streetscape to address any traffic concerns. City of Sunnyvale Page 4 Planning Commission Meeting Minutes February 22, 2016 Chair Melton inquired in reference to the Mitigated Negative Declaration, Attachment 7, page 13 of 29, Transportation Item 35, how staff determined there was no impact on the capacity of the existing circulation system. Chair Melton inquired about how a change in land use would affect property owners. Chair Melton referred to the recommended finding in Attachment 2 regarding the proposed amendment being in the public interest, and inquired about the City's definition for the “public interest.” Commissioner Simons requested clarification regarding noise and toxin restrictions in the current zoning. Commissioner Klein inquired if the property could be used as a school with the current zoning, and what zoning could encompass a school and commercial, as well as negate industrial usage. Commissioner Weiss inquired about the projected impacts on City revenue of changing the zoning. Chair Melton asked questions regarding the table of uses provided by staff regarding potential uses. Commissioner Simons inquired about the “explosive and propellant research and development” industrial use shown on the table. Chair Melton opened the public hearing. Applicant Jorge Marsal, Senior Pastor, Sunnyvale International Church, provided information regarding the property and proposed future uses. Norman LoPatin, Senior Director of Real Estate, Summit Public Schools provided additional information regarding the proposed zoning change. Josie Jewett spoke in support of the zoning change and the establishment of a school on Weddell. Miles Chen, student at Summit Denali School, spoke in support of the zoning change. City of Sunnyvale Page 5 Planning Commission Meeting Minutes February 22, 2016 Heather Chen spoke in support of the zoning change. Geoff Ainscow spoke in support of Summit Denali School. Suresh Sukha expressed concerns regarding air quality and noise due to building density and inquired as to the type of air quality studies that have been completed. Feri Zahouri expressed concerns regarding numerous projects, traffic and parking in the area and inquired about any plans to expand Weddell. Elizabeth Padilla requested the Planning Commission delay their decision in order to allow residents in the area more time to review and discuss the project. Pedilla expressed concerns regarding traffic and air quality. Sayed Sadat expressed concerns regarding traffic should a school move to the area and the impact of air quality on children. Joyce Loewy referenced a letter she sent to Commissioners and stated her preference would be for the City to buy the properties and leave them as-is, citing traffic concerns, air quality and building density. Marie Amilcar expressed concerns regarding noise and traffic should a school move to the area. Chair Melton closed the public hearing. Planning Officer Miner outlined the next steps in the application process. Commissioner Klein inquired about the timeline should the commission deny the request and recommend a different zoning. Commissioner Weiss inquired about the date the new apartments in the area will be occupied. MOTION: Commissioner Klein moved and Commissioner Simons seconded the motion to recommend to City Council Alternative 5: Deny the requests for General Plan Amendment and Rezoning for 521, 531, and 539 E. Weddell Drive and recommend to Council the properties be reconsidered with a General Plan designation of Commercial and a C-1 zoning, and recommend approval of the General Plan designation of Park and zoning of P-F for 1010 Morse Avenue. City of Sunnyvale Page 6 Planning Commission Meeting Minutes February 22, 2016 The motion carried by the following vote: Yes: 7 - Chair Melton Vice Chair Harrison Commissioner Olevson Commissioner Klein Commissioner Rheaume Commissioner Simons Commissioner Weiss No: 0 The Planning Commission recessed. The Planning Commission reconvened with all Commissioners present. 3 16-0184 File #: 2015-7399 Location: 777 Sunnyvale-Saratoga Road (APN: 201-36-002) Zoning: C-2/ECR Proposed Project: Appeal of a decision by the Zoning Administrator to conditionally allow a: SPECIAL DEVELOPMENT PERMIT to allow an approximately 11,600 square foot new commercial building (grocery store) on an existing commercial site. The project replaces a portion (approx.7,599 s.f.) of the Orchard Supply Hardware building and storage area. Appellant / Applicant / Owner: Michael Howland / Ware Malcomb (applicant) / Mardit Properties, LP (owner) Environmental Review: Mitigated Negative Declaration Project Planner: Ryan Kuchenig, (408) 730-7431, rkuchenig@sunnyvale.ca.gov Project Planner Ryan Kuchenig presented the staff report and noted a correction regarding a mitigation measure which was included in the initial study but not described in the Conditions of Approval. Kuchenig stated mitigation measure MM CULT-3 described in Attachment 8, page 35 of 90, can be added as Condition of Approval BP 21-3 under Historic and Prehistoric Resources. Project Planner Kuchenig and Planning Officer Miner provided additional information and responded to Commissioner questions. Vice Chair Harrison inquired about the difference between the original zoning administrator recommendation regarding north/south traffic and the current City of Sunnyvale Page 7 Planning Commission Meeting Minutes February 22, 2016 recommendation. Commissioner Simons inquired about the proposed parking lot tree shading. Commissioner Olevson inquired about Condition of Approval PS-2 regarding materials and color scheme, and requested it be changed from Planning Commission to Director of Community Development. In reference to Attachment 8, page 79, regarding pedestrian friendly access, Commissioner Olevson inquired if there is any information to support the statement that the location is easily accessed by pedestrians. Commissioner Klein asked questions regarding the driveway on the north side of the building, the recent modifications made to the Orchard Supply Hardware building, and pedestrian access. Commissioner Klein confirmed that lockable storage would not be available for pickup of goods. Commissioner Klein requested more information regarding Condition of Approval BP-15-G on page 8 of 21 regarding lighting. Commissioner Weiss inquired if the non-landscaped area would be pervious and about the LEED Silver status. Chair Melton inquired about landscaping, parking lot tree shading and building separation. In reference to page 6 of 7 of the staff report, Chair Melton inquired about trip counts. Michael Mowry, Kimley-Horn, provided information regarding peak trip counts. Chair Melton inquired about the Mitigated Negative Declaration, page 51 of 90, Section IX, item "a." Vice Chair Harrison inquired if there is any precedent for having one parcel considered as two projects with regard to landscaping and tree shading. Chair Melton opened the public hearing. Drew Johnson, Oppidan, developer, provided information regarding the project. Roger Bernstein, Oppidan, developer, provided information regarding the project and addressed items noted in a letter from the appellant, and answered Commissioner questions. City of Sunnyvale Page 8 Planning Commission Meeting Minutes February 22, 2016 Cecily Barklay, land use attorney working with Oppidan, clarified information presented earlier regarding trip counts. Craig Siqueland, Vice President of Stores, Orchard Supply Hardware, provided information regarding Orchard Supply Hardware and spoke in support of the project. Commissioner Simons inquired about tree shading. Commissioner Weiss inquired about patrons leaving their engines on while they are waiting for their packages and traffic flow. Vice Chair Harrison requested a breakdown of the shading and landscaping for the site. Planning Officer Miner referred to the project data section in Attachment 5, page 1 of 12. Vice Chair Harrison inquired if the developer would be amenable to increasing the visual permeability of the glass facing the parking lot. Commissioner Klein inquired about pedestrian flow along the parking spaces and landscaping. Anthony Bartoli, Architect, provided information regarding pedestrian access. Commissioner Klein inquired about the timing of deliveries to the building. Chair Melton inquired of Craig Siqueland, Vice President of Stores, Orchard Supply Hardware as to how they would manage a potential increase in landscaping and tree shading. James Cortez, union representative for employees at Safeway, expressed concerns regarding market share potentially being taken away from Safeway and other grocery stores in the area and the impact to workers at those sites. Letresa Perkins spoke in support of comments by Mr. Cortez and expressed concerns that there are already a number of grocery stores in the area, and regarding potential noise and air pollution due to idling cars. Roger Bernstein, Oppidan, provided closing comments. City of Sunnyvale Page 9 Planning Commission Meeting Minutes February 22, 2016 Drew Johnson, Oppidan, confirmed for Vice Chair Harrison that grocery products would be sold at the store. Commissioner Klein referred to Condition of Approval AT-1, page 20 of 21, and clarified standard hours of operation, pick up hours and delivery hours. Chair Melton closed the public hearing. Commissioner Rheaume inquired as to why Orchard Supply Hardware was not required to fulfill the landscape requirements for that side of the property, and inquired about parking lot shading. Commissioner Klein inquired about standard hours of operation for markets. Commissioner Simons inquired about the project data table. Vice Chair Harrison inquired about landscaping as it relates to a potential loss of parking spaces. Commissioner Simons inquired about the use of pervious pavers toward landscaping. MOTION: Commissioner Rheaume moved and Commissioner Simons seconded the motion to approve Alternative 3: Make the findings required by CEQA in Attachment 3, Adopt the Mitigated Negative Declaration and deny the Appeal and uphold the decision of the Zoning Administrator to approve the Special Development Permit with modified conditions: ask the applicant to meet the minimum requirements of total landscaping of 45,477 square feet and a parking lot tree shading of 50%, as stated in Attachment 2 to the report, page 1 of 1; and Alternative B for Condition of Approval PS-3. FRIENDLY AMENDMENT: Commissioner Simons offered a friendly amendment to withdraw the color and materials requirement; that it be done at an administrative level, and that some of the landscape space be used to define the safest pedestrian throughways throughout the site. Commissioner Rheaume accepted the friendly amendment. FRIENDLY AMENDMENT: Commissioner Klein offered a friendly amendment to add the third part to BP-21 related to the mitigation measure, and add pedestrian flow from the southern parking spaces to the storefront. Commissioner Rheaume accepted the friendly amendment. City of Sunnyvale Page 10 Planning Commission Meeting Minutes February 22, 2016 Commissioner Klein spoke in support of the motion. Klein expressed some concern about the hours of operation and stated he hopes the applicant will use signage to educate patrons. Planning Officer Miner clarified that adding 19,000 square feet of landscaping will reduce the onsite parking which may cause it to be deficient, and a deviation may be required. Commissioner Olevson spoke in support of the motion. Commissioner Weiss spoke in support of the motion. Vice Chair Harrison stated she is unable to support the motion without further information as to how the additional landscaping square footage would impact parking. FRIENDLY AMENDMENT: Chair Melton offered a friendly amendment to revise the landscape requirements to a minimum of 33,000 square feet and parking lot tree shading of 30%. Commissioner Rheaume declined to accept the friendly amendment. Planning Officer Miner clarified that adding the additional landscaping would remove approximately 111 parking spaces. Commissioner Rheaume confirmed with Planning Officer Miner that the proposed project is currently 18 parking spaces above the minimum requirement. AMENDMENT: Chair Melton moved to revise the landscape requirements to a minimum of 33,000 square feet and parking lot tree shading of 30%. The motion to amend died due to lack of second. Chair Melton stated he can make the findings on everything but the landscaping and parking lot tree shading and he would not support the motion. Commissioner Simons stated that part of his motion was that landscape requirements could be made up by pervious throughway walkways throughout the project. Commissioner Olevson stated he could no longer support the motion due to the loss of parking spaces. City of Sunnyvale Page 11 Planning Commission Meeting Minutes February 22, 2016 Commissioner Klein stated he could no longer support the motion due to the loss of parking spaces. MOTION WITHDRAWN: Following discussion, Commissioner Rheaume withdrew his motion. MOTION: Vice Chair Harrison moved and Commissioner Simons seconded the motion to approve Alternative 2: Make the findings required by CEQA in Attachment 3, Adopt the Mitigated Negative Declaration and deny the Appeal and uphold the decision of the Zoning Administrator to approve the Special Development Permit with recommended Conditions in Attachment 4 (including Alternative B in C.O.A. PS-3); and add a condition of approval for a designated pedestrian walkway from the parking lot area to the entrance of the building; increase the landscape percentage as much as possible and maintain the minimum parking requirement by removing 18 spaces; add a third section to part of BP 21 for Cultural Resources; and state it is not the Planning Commission but the Director of Community Development who makes a change in PS-2. FRIENDLY AMENDMENT: Commissioner Simons offered a friendly amendment to change the allocation from landscaping to the maximum amount of tree shading. Vice Chair Harrison accepted the friendly amendment and further clarified the intent to maximize to the greatest extent possible the tree shading and the landscaping, with the emphasis on tree shading. FRIENDLY AMENDMENT: Commissioner Klein offered a friendly amendment to add pedestrian flow from the southern parking lot and the pedestrian walkways. Vice Chair Harrison and Commissioner Simons accepted the friendly amendment. Commissioner Rheaume requested staff clarify the use of Grasscrete in the future. The motion carried by the following vote: Yes: 7 - Chair Melton Vice Chair Harrison Commissioner Olevson Commissioner Klein Commissioner Rheaume Commissioner Simons Commissioner Weiss No: 0 Planning Officer Miner stated the Planning Commission decision is final unless City of Sunnyvale Page 12 Planning Commission Meeting Minutes February 22, 2016 appealed or called up by the City Council within 15 calendar days. 4 15-0393 Forward a recommendation to the City Council to adopt an Ordinance to Amend Titles 3 (Revenue and Finance) and 19 (Zoning) of the Sunnyvale Municipal Code related to the Transportation Impact Fee and Housing Impact Fees in conjunction with the Evaluate the Timing of Park Dedication In-lieu Fee Calculation and Payment Study Issue (2015-7151). Senior Planner Amber Blizinski presented the staff report and answered Commissioner questions. Commissioner Klein referred to Option A, page 6 of 9, and inquired about fee calculations for phased large scale projects. Commissioner Simons inquired about assessing fees based on the progress of the project. Chair Melton opened the public hearing. No speakers. Chair Melton closed the public hearing. MOTION: Commissioner Klein moved and Vice Chair Harrison seconded the motion Alternative 1: Forward a recommendation to the City Council to adopt an Ordinance to Amend Titles 3 (Revenue and Finance) and 19 (Zoning) related to the Transportation Impact Fee and Housing Impact Fees to calculate fees at the time of building permit submittal. The motion carried by the following vote: Yes: 7 - Chair Melton Vice Chair Harrison Commissioner Olevson Commissioner Klein Commissioner Rheaume Commissioner Simons Commissioner Weiss No: 0 STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES Commissioner Olevson proposed a study issue to change the agenda process and procedure to a 10-day advance publication rather than the current 3-4 day advance publication, and provided written materials. City of Sunnyvale Page 13 Planning Commission Meeting Minutes February 22, 2016 Commissioner Simons suggested a study issue due to the perceived graft and corruption in a neighboring city, regarding a process to help inform Council and the public about processes the City has in place for handling of money. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Chair Melton inquired regarding the demolition of the buildings at Central and Wolfe and the status of the final design concept. -Staff Comments Planning Officer Miner reported the Council action on additional smoking regulations on February 9, and announced an upcoming special Planning Commission meeting. INFORMATION ONLY ITEMS None. ADJOURNMENT Chair Melton adjourned the meeting at 12:17 a.m. City of Sunnyvale Page 14