Planning Commission
Regular MeetingSunnyvale, CA · March 6, 2017
Minutes
City of Sunnyvale
Meeting Minutes - Final
Planning Commission
Monday, March 6, 2017 7:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Study Session Cancelled | Special Meeting - Public Hearing 7 PM
6 P.M. STUDY SESSION CANCELLED
7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
Chair Harrison called the meeting to order at 7:01 PM in the Council Chambers.
SALUTE TO THE FLAG
Chair Harrison led the salute to the flag.
ROLL CALL
Present: 6 - Chair Sue Harrison
Vice Chair Ken Rheaume
Commissioner Daniel Howard
Commissioner John Howe
Commissioner Ken Olevson
Commissioner David Simons
Absent: 1 - Commissioner Carol Weiss
Status of absence; Commissioner Weiss’s absence is excused.
ORAL COMMUNICATIONS
Planning Officer Andrew Miner welcomed the new Planning Commissioner Daniel
Howard.
CONSENT CALENDAR
Commissioner Howe moved and Commissioner Simons seconded the motion to
approve the Consent Calendar.
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Planning Officer Andrew Miner clarified that since Commissioner Howard wasn’t
present during the last Planning Commission meeting it is necessary to vote
separately on the Consent Calendar items.
1. A 17-0266 Annual Review of the Code of Ethics and Conduct for Elected and
Appointed Officials
Commissioner Howe moved to approve item 1. A on the Consent Calendar -
Annual Review of the Code of Ethics and Conduct for Elected and Appointed
Officials. Commissioner Simons requested to pull item 1. A from the Consent
Calendar. Commissioner Howe withdrew his motion to approve item 1. A on the
Consent Calendar.
Commissioner Simons stated an opinion that the Code of Ethics and Conduct for
Elected and Appointed Officials has evolved based on personalities instead of a
more appropriate process. Commissioner Simons stated that appropriate behavior
by the City was missing from the document. Commissioner Simons commented
that there is a difference between criticizing an individual as opposed to a decision
and that the Planning Commission does a great job separating out criticism about
decisions while acting professionally. Commissioner Simons stated that the
language about decisions in the Code of Ethics and Conduct for Elected and
Appointed Officials was not always appropriate as certain situations call for a
critical review.
Chair Harrison opened the Public Hearing.
There were no public speakers on this item.
Chair Harrison closed the Public Hearing.
Commissioner Simons moved and Vice Chair Rheaume seconded the motion to
approve item 1. A on the Consent Calendar - Annual Review of the Code of Ethics
and Conduct for Elected and Appointed Officials.
The motion carried by the following vote:
Yes: 6 - Chair Harrison
Vice Chair Rheaume
Commissioner Howard
Commissioner Howe
Commissioner Olevson
Commissioner Simons
No: 0
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Absent: 1 - Commissioner Weiss
1. B 17-0289 Approve Planning Commission Meeting Minutes of February 27, 2017
Commissioner Howe moved and Vice Chair Rheaume seconded the motion to
approve item 1. B on the Consent Calendar - Approve Planning Commission
Meeting Minutes of February 27, 2017.
The motion carried by the following vote:
Yes: 5 - Chair Harrison
Vice Chair Rheaume
Commissioner Howe
Commissioner Olevson
Commissioner Simons
No: 0
Absent: 1 - Commissioner Weiss
Abstained: 1 - Commissioner Howard
PUBLIC HEARINGS/GENERAL BUSINESS
2. 17-0025 Proposed Project: PEERY PARK PLAN REVIEW PERMIT to
construct a 207,620-square foot, four-story corporate/research and
development (R&D) office building and a 7-level, partially underground
parking structure with attached ground floor retail of up to 4,000
square feet on a 4.4-acre site resulting in a total of 110% FAR. The
project includes outdoor dining/recreation areas and a
pedestrian/bicycle path for public use.
File #: 2015-7256
Location: 520 Almanor Avenue (APNs 165-43-016, -017 and -018)
Applicant / Owner: Lane Partners, LLC / Pace Properties
Environmental Review: The project is exempt from additional CEQA
review per CEQA Guidelines section 15168(c)(2) and (4) and Public
Resources Code Section 21094(c). The project is within the scope of
the Peery Park Specific Plan Program EIR as no new environmental
impacts are anticipated and no new mitigation measures are required.
Project Planner: Rosemarie Zulueta, (408) 730-7437,
rzulueta@sunnyvale.ca.gov
Commissioner Howe stated that he met with applicant Mark Murray last week to
review the project plans. Commissioner Howe commented that he can have an
open mind and make a judgement on this item.
Senior Planner Rosemarie Zulueta presented the staff report.
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Vice Chair Rheaume stated that he met with the applicant last week.
Vice Chair Rheaume asked staff to identify the location of the tree removal plan
and stated an understanding that no redwood trees would be removed at the
corner at Almanor Avenue and Vaqueros Avenue. Senior Planner Zulueta advised
that sheet L.013 shows the tree removal plan. Vice Chair Rheaume confirmed with
Senior Planner Zulueta that the trees within the corner vision triangle are exempt
and won’t be removed. Vice Chair Rheaume clarified with Senior Planner Zulueta
that all the Liquidambar trees along the building perimeter will be removed but the
existing mature redwood trees will be preserved.
Vice Chair Rheaume requested that the previous formatting for tree removal plans
be used going forward and Planning Officer Andrew Miner confirmed.
Commissioner Olevson commented that page four of the staff report mentions
$635,000 as the approximate flexible benefits value and confirmed with Senior
Planner Zulueta that the developer will pay that amount.
Commissioner Olevson stated that page six of the staff report discusses the
meandering sidewalks and that there is a Condition of Approval (COA) that any
removed trees be replaced per the City’s current tree replacement policy.
Commissioner Olevson clarified with Senior Planner Zulueta that any protected tree
that is removed is required to be replaced but that the sidewalk’s design exists to
preserve the mature redwood trees, which will not be removed. Senior Planner
Zulueta advised that sheet L.012 shows the standard formatting for a tree removal
plan, per Vice Chair Rheaume’s earlier request.
Commissioner Olevson commented that COA GC-8b states that offsite
improvements are subject to change and asked staff what types of changes they
would expect. Senior Planner Zulueta advised that there are utility vaults along the
eastern frontage of Almanor Avenue which would prevent the bike lanes from
continuing all the way along Almanor Avenue. Senior Planner Zulueta stated that
the applicant received confirmation from PG&E subsequent to the report
preparation that the utility vaults can be relocated or modified.
Commissioner Howard commented that on sheet A1.1 item 4 in the project data
shows a range of 392 -784 parking stalls and asked staff to explain why 613
parking stalls will not meet the requirement. Senior Planner Zulueta explained that
the Peery Park Specific Plan (PPSP) has a minimum of 686 parking spots but that
the applicant is utilizing a Transportation Demand Management (TDM) strategy to
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reduce the number of trips and offset the reduced parking.
Commissioner Howard commented that as part of the TDM strategy there would be
a reduction to 206 AM trips and 205 PM trips and asked staff how this relates to the
686 parking spaces. Senior Planner Zulueta advised that staff depends on the
Department of Public Works Transportation and Traffic Division for these
calculations and that it’s not a 1:1 ratio between trips and parking spots.
Commissioner Howard noted that the Valley Transportation Authority (VTA) has
proposed to put an express bus line on Mathilda Avenue that would provide good
connections to the light rail and Caltrain. Commissioner Howard asked staff what
mechanism exists to ensure operational success of the shuttle in the proposed
project and where the funds would be allocated if the shuttle were to be shut down.
Planning Officer Miner explained that the shuttle is called Peery Park Rides and is
part of the PPSP, partially funded by a VTA grant and managed by a Transportation
Management Association (TMA) formed by the applicants with projects in Peery
Park. Planning Officer Miner advised that the TMA is responsible for maintaining
the shuttle systems. Planning Officer Miner stated that the VTA Rides project has
been designed to have easy access to the nearby bus stop. Commissioner Howard
asked staff to explain what happens if it turns out the shuttle system isn’t
necessary. Planning Officer Miner stated if that was the case the applicant would
have easy access to any Mathilda bus line. Commissioner Howard confirmed with
Planning Officer Miner that should the applicant choose to utilize the bus their
money would still fund Peery Park Rides.
Chair Harrison opened the Public Hearing.
Applicant Mark Murray, representing Lane Partners, presented images and
information about the proposed project.
Ted Korth, representing KSH Architects, presented images and information about
the proposed project.
Commissioner Howe asked the applicant to describe their plans for signage and
parking, specifically regarding public use of the retail/commercial amenities. Mr.
Murray stated that there would be parking stalls reserved on the ground floor,
adjacent to the amenities, and with signage indicating the intended use for this
parking. Commissioner Howe confirmed with Mr. Murray that these reserved
spaces would be used for access to either the retail amenity or recreation area.
Commissioner Howe confirmed with Senior Planner Zulueta that this parking was
addressed in COA BP-23 and that it requires the approval of the Director of the
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Community Development Department (CDD) at the time the permit is issued.
Commissioner Howe encouraged staff to follow through on the parking
management plan.
Commissioner Howe confirmed with Mr. Murray that there would be signage in at
least one location indicating that the parking is open to the public. Mr. Murray
commented that adequate signage was a concern raised during the Study Session
and accordingly they have allocated another space for additional retail signage,
pending approval by the future tenant.
Commissioner Olevson commented that at San Jose State University there was a
project which used Corten, which was supposed to form a hard shell but didn’t rust
correctly. Commissioner Olevson asked the applicant about the potential erosion of
the material in the proposed project. Mr. Korth advised that the material is a Corten
simulated finish on aluminum which will not rust. Commissioner Olevson asked if
this material is a colorized aluminum oxide and Mr. Korth stated he wasn’t sure of
the chemical makeup but that the finish’s character will not change.
Commissioner Simons noted that the applicant had responded well in regards to
the parking structure. Commissioner Simons asked the applicant how much of the
aluminum paneling would be at the pedestrian level, noting a concern about future
damage. Mr. Korth stated that some white aluminum panels are at the base of the
building and that the paneling would be at pedestrian level at the café. Mr. Korth
noted that the finish is durable and that they will make every effort to avoid potential
damage. Commissioner Simons commented that the finish does look like rusting
steel and appreciated that the applicant had brought a sample for the Planning
Commissioners.
Commissioner Simons noted that item 7 on sheet C-5.3 has a full description of
engineered fill which is an item that Planning Commissioners have previously
discussed.
Commissioner Howard asked the applicant where the shuttle location would be for
the proposed project. Mr. Murray noted that this is still in flux but the idea is to have
as many stops as possible in the Peery Park neighborhood and Planning Officer
Miner confirmed this information. Commissioner Howard stated that if possible, it is
pertinent not to block bike lanes and that potentially locating a bay near the retail
space could help increase foot traffic.
Commissioner Howard asked the applicant if there would be on street parking on
Vaqueros Avenue and Mr. Murray stated that it is not included as part of their
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proposed project. Planning Officer Miner confirmed that there is existing City street
parking on Vaqueros Avenue.
John Cordes, member of the Bicycle and Pedestrian Advisory Commission and
SNAIL resident, welcomed Commissioner Howard and discussed several positive
aspects of the proposed project, noting a concern for rooftop parking without solar
capability.
Mr. Murray commented that they are designing the parking structurally to
accommodate solar but aren’t currently committing to the addition of solar.
Chair Harrison closed the Public Hearing.
Vice Chair Rheaume commented that with some recent projects the preserved
trees are fenced for protection and confirmed with Planning Officer Miner that this
fencing is a requirement during construction.
MOTION: Vice Chair Rheaume moved and Commissioner Howe seconded the
motion for Alternative 1 – Make the required Findings to approve the CEQA
determination that the project is within the scope of the Peery Park Specific Plan
(PPSP) Environmental Impact Report (EIR) and no additional environmental review
is required; and approve the Peery Park Plan Review Permit subject to the PPSP
Mitigation Monitoring and Reporting Program in Attachment 7 and recommended
conditions of approval noted in Attachment 5.
Commissioner Howe confirmed with Vice Chair Rheaume that the motion includes
the corrections made to Attachments 5 – 7 that staff provided on the dais.
Vice Chair Rheaume thanked the applicant and staff and noted his appreciation of
the changes made following the Study Session, such as the addition of the building
texture. Vice Chair Rheaume stated he can make the findings and that this project
is a good investment in the City. Vice Chair Rheaume stated hopefully it can
become a standard to keep more trees than are removed and that redwood trees
are representative of the character of Peery Park. Vice Chair Rheaume commented
that hopefully the Corten material won’t be an issue in the future and that the
project has a nice design. Vice Chair Rheaume commented that hopefully the retail
space will help minimize traffic during the day through employee use.
Commissioner Howe commented that the applicant listened to the community and
the Planning Commission and noted several positive aspects, including the
decreased height of the parking garage, infrastructure for additional electric cars
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and solar, bicycle lanes, recreation area and public access to the retail space.
Commissioner Howe stated that the project would be a strong amenity for the
location and hopes that the project is approved by the Planning Commission.
Commissioner Simons commended the applicant for incorporating art into the
building, noting that it’s a more effective way to engage the public. Commissioner
Simons stated that he would have been concerned with the longevity of the rust
colored exterior but that the material looks good and hopefully it meets the long
term desired look. Commissioner Simons commended the applicant on the
modified architecture and integrated look of the parking structure.
Commissioner Olevson stated that he will be supporting the motion and can make
the findings that the proposed project fully conforms to the Peery Park CEQA,
meets the PPSP permit requirements, PPSP Sense of Place Fee and PPSP Water
Infrastructure Fee. Commissioner Olevson noted that the increased setback makes
for a more inviting environment for the public, while driving or as they approach the
property. Commissioner Olevson stated that the applicant had greatly enhanced
the project with their additional efforts regarding the parking conditions and
retail/commercial space and he strongly supports the project.
Chair Harrison noted she will be supporting the motion and agrees with all the
Planning Commissioner comments. Chair Harrison commended the applicant for
the reduced parking and infrastructure for additional electric vehicle stalls, noting
no concern about the setback deviation to maintain the mature redwood trees.
Chair Harrison stated an appreciation that the rust color coordinates with the
redwood tree bark. Chair Harrison stated that the location of the bike and
pedestrian path provides a real transportation corridor into the heart of Peery Park.
The motion carried by the following vote:
Yes: 6 - Chair Harrison
Vice Chair Rheaume
Commissioner Howard
Commissioner Howe
Commissioner Olevson
Commissioner Simons
No: 0
Absent: 1 - Commissioner Weiss
Planning Officer Miner advised that this item goes to the City Council on March 28.
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3. 16-1146 File #: 2016-7576
Location: 1314 Lillian Avenue (APN: 309-09-014)
Zoning: R0 (Low Density Residential)
Proposed Project: Consideration of an application on a 9,281-square
foot site:
DESIGN REVIEW: To allow 187 sq. ft. first floor and 536 sq. ft.
second floor addition to an existing 3,370 sq. ft. two-story
single-family home (2,405 sq. ft. living area and 965 sq. ft.
garage) resulting in 3,872 sq. ft. and 41.7% FAR.
Applicant / Owner: Jose Fernandez (applicant) / Bharti Bhakhri
(owner)
Environmental Review: Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 1, Section 15301
of the California Environmental Quality Act (CEQA). The project
consists of a minor addition to an existing single-family residence.
Project Planner: Shila Behzadiaria, (408) 730-7456,
sbehzadiaria@sunnyvale.ca.gov
Due to lack of a quorum of the Planning Commission on February 13,
2017, this item was rescheduled to the Planning Commission hearing
of March 6th, 2017.
Assistant Planner Shila Behzadiaria presented the staff report.
Commissioner Simons asked staff what kind of stone would be used for the stone
front. Assistant Planner Behzadiaria stated that the architect can present
information on the specific type of stone and that the stone would also wrap to the
back and a bit on the side. Commissioner Simons confirmed with Assistant Planner
Behzadiaria which diagram section showed the stone. Assistant Planner
Behzadiaria advised to review the proposed right elevation on page nine of the site
plan to better identify the stone on the side of the home.
Vice Chair Rheaume stated that the existing garage on sheet A-6 consists of
approximately 830 square feet, while 400 square feet is required for a two-car
garage. Vice Chair Rheaume asked for staff comments on the legality of turning the
garage into an Accessory Dwelling Unit (ADU). Planning Officer Miner confirmed
that the lot size meets the criteria for an ADU conversion but that the applicant
would have to get a permit and meet those standard requirements.
Commissioner Olevson commented that on page three of the staff report, under the
“Second Floor Area to First Floor Area Ratio” section, it states that the second-floor
walls are separated from the first floor with roofs. Commissioner Olevson asked
staff to explain the meaning of this statement. Assistant Planner Behzadiaria
explained that this pertains to the elevation and that the first proposed elevation
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blended into the first floor, so the second proposed elevation tried to provide better
definition. Planning Officer Miner advised that the elevation is showing that the
second story is set back from the first-floor wall so there is not a continuous
two-story wall.
Commissioner Olevson commented that the existing garage appears to have a full
bathroom and a kitchen area with a sink and looks like it would violate the setback
requirements for a secondary living unit. Commissioner Olevson asked for staff
comments on if this is legal non-conforming or non-conforming. Planning Officer
Miner stated this is a permitted building and so in regards to setbacks it is legal
non-conforming. Planning Officer Miner advised that the plans show the use will be
maintained as a garage and that currently it’s not an ADU. Planning Officer Miner
stated that should the applicant want to convert the garage to an ADU, they would
have to go through the permit process. Commissioner Olevson noted that it’s
unusual to see a garage with a tub and shower. Planning Officer Miner stated that
the Planning Commission can add a Condition of Approval (COA) to specify that
the garage shouldn’t be converted to an ADU without the necessary permits but
that this is already required per the municipal code.
Chair Harrison opened the Public Hearing.
Applicant Jose Fernandez presented information about the proposed project. Mr.
Fernandez returned to Commissioner Simons’s earlier question and advised that
stack stone will be used for the stone front. Mr. Fernandez stated that the garage is
currently used as a pool house and the owner does not want to convert it to an
ADU. Mr. Fernandez commented that the walls don’t align so by separating the wall
setbacks they are creating a roof that breaks out the two-story walls and gives it a
more pleasant look.
Commissioner Simons asked the applicant about the height of the pieces of stack
stone and Mr. Fernandez advised that they vary in size but the most common
height is three inches.
Commissioner Simons stated that the stonework will be in the front and back and
asked the applicant if they would object to the stonework also extending further
down the lot towards the garage. Mr. Fernandez advised there is an existing metal
fence that blocks the entrance but that they are amenable if this is the Planning
Commission’s recommendation. Commissioner Simons confirmed with Mr.
Fernandez that it is a closed fence and the garage can’t be seen from the street.
Ajeet spoke in support of the proposed project.
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Mr. Fernandez commented that the owner is amenable to the stonework continuing
through the driveway, if that is the recommendation of the Planning Commission.
Commissioner Howard asked the applicant to comment on landscaping for the
yard. Mr. Fernandez stated they would landscape as recommended but that there
is no current landscaping plan.
Chair Harrison closed the Public Hearing.
Vice Chair Rheaume commented that a COA for this proposed project is to
landscape half of the front yard and asked staff if there are any tree
recommendations. Planning Officer Miner advised that a section of the zoning code
outlines landscaping, specifically water efficient landscaping, and there is also a
water analysis that must be conducted. Planning Officer Miner stated that since
these are zoning code requirements they must be accomplished.
Vice Chair Rheaume commented that in viewing the property on Google Maps the
driveway appears wide enough for only one car and asked staff if the existing
driveway is sufficient. Planning Officer Miner confirmed that the existing driveway is
sufficient and that a two-car width driveway is not required.
MOTION: Commissioner Simons moved and Vice Chair Rheaume seconded the
motion for Alternative 2 – Approve the Design Review with modified conditions –
1. Add a COA that converting the garage to an ADU requires a permit
2. Update the stonework location to continue around the house down the driveway
and extend to an appropriate distance on the other side as seen from the front
(back to the fence line)
3. Staff will work with the applicant to choose an appropriate large species tree for
the front yard
Commissioner Simons commented that this is a large lot and that there were
issues raised which are concerning, such as converting the garage to an ADU.
Commissioner Simons stated that the project’s design will help the front of the
house to become more balanced and thus the home will be better integrated with
the neighborhood. Commissioner Simons stated he will be supporting the motion.
Vice Chair Rheaume stated that he can make the findings and will be supporting
the motion. Vice Chair Rheaume thanked staff and the applicant for not requesting
any deviations. Vice Chair Rheaume commented that this is the advantage of
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having a large lot. Vice Chair Rheaume agreed with Commissioner Simons’s
comments that this design has better symmetry and will be a nice addition to the
neighborhood. Vice Chair Rheaume stated that he likes the addition of the tree and
is glad to see people investing in the community.
Commissioner Olevson stated he will be supporting the motion and can make the
findings for the Design Review. Commissioner Olevson commended the applicant
for correcting the setback on the right side of the house and providing more
balance to the front elevation. Commissioner Olevson noted that the reduction of
the all concrete front yard will make this a much nicer addition to the neighborhood.
Commissioner Olevson commented that he looks forward to seeing the results of
this work and commended the applicant for their efforts.
Commissioner Howe commented that he would be supporting the motion due to
the modifications requested by Commissioner Simons.
Chair Harrison stated that she would be supporting the motion for all the previously
stated reasons.
The motion carried by the following vote:
Yes: 6 - Chair Harrison
Vice Chair Rheaume
Commissioner Howard
Commissioner Howe
Commissioner Olevson
Commissioner Simons
No: 0
Absent: 1 - Commissioner Weiss
Planning Officer Miner stated this decision is final unless appealed to the City
Council within 15 days or called up by the City Council within 15 days.
4. 16-1128 Storage Space for Multi-Family Residential: Forward a
recommendation to the City Council to Introduce an Ordinance to
Amend Section 19.12.130 (“L”) of Chapter 19.12 (Definitions), Section
19.38.040 (Individual Lockable Storage Space) of Chapter 19.38
(Required Facilities) and Section 19.90.030 (Procedures) of Chapter
19.90 (Special Development Permits) of the Sunnyvale Municipal
Code, and Find that the Action is Exempt from CEQA Pursuant to
CEQA Guidelines Section 15061(b)(3).
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Associate Planner Kelly Cha presented the staff report.
Commissioner Howe commented that Table 1 on page three of the staff report
gives three examples of recent approvals. Commissioner Howe asked staff in these
examples if the common garage would be located underneath the building and if
each unit’s garage would be attached. Associate Planner Cha advised that the last
example is a townhome style and so each unit has its own garage. Commissioner
Howe confirmed with Planning Officer Andrew Miner that the storage was attached
to a habitable building in the example at 238 Carroll Street. Commissioner Howe
asked staff if in all three examples the storage was attached to a habitable building.
Planning Officer Miner clarified that in example two the storage was in a garage,
which could be below the unit or detached.
Commissioner Howe asked staff if the current ordinance requires sprinklers for all
units. Planning Officer Miner stated this is unknown but that sprinkler requirements
are based on the building code standard and likely depends on the location of the
unit, whether it’s within or near the habitable area.
Commissioner Howe stated that it was voiced during the Study Session that a
lockable storage unit should have sprinklers, if attached to a living area.
Commissioner Howe noted potential fire concerns in several examples, regardless
of the garage’s location. Planning Officer Miner stated that the first example did
have sprinklers, that it’s unknown if the third example has sprinklers and that any
garage below a unit must have sprinklers. Commissioner Howe asked staff if there
was a Condition of Approval (COA) regarding sprinklers. Planning Officer Miner
stated that the fire code mandates sprinkler requirements, which are purposefully
excluded from the zoning ordinance because the fire code changes the most
rapidly. Planning Officer Miner confirmed that all the examples with sprinklers had
them installed because of the fire code requirements. Commissioner Howe
confirmed with Planning Officer Miner that if a lockable storage space was attached
to a living space then it would be required to have sprinklers.
Commissioner Olevson commented that Option A on page seven of the staff report
recommends a three-foot minimum dimension and this seems small. Commissioner
Olevson asked staff how this minimum dimension was determined. Planning Officer
Miner advised that staff tried to determine a reasonable standard, which was a
three-foot minimum with a maximum height of ten feet and at least one dimension
of eight feet. Planning Officer Miner stated that lockable storage units have different
configurations and so staff recommended three feet for access, with the option to
build higher or wider for additional storage space. Planning Officer Miner advised
the goal is to give developers flexibility in their design and that the Planning
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Commission could change this minimum to four feet.
Commissioner Olevson noted that on page seven of the staff report under the
“Location” bullet point there is a typo – “bedroom closest” should be “bedroom
closet”. Commissioner Olevson mentioned there are other instances with the same
error and Planning Officer Miner confirmed this language will be updated.
Commissioner Howard confirmed with Associate Planner Cha that most
municipalities don’t have lockable storage requirements. Commissioner Howard
asked if the public had voiced this need and if staff had considered not mandating
lockable storage space. Planning Officer Miner advised that one reason for this
Study Issue was feedback from residential developers who don’t want to build this
storage, so staff’s first action was to analyze the need for this standard. Planning
Officer Miner stated that a standard has been in place in the City since 1986 which
forces developers to provide this space. Planning Officer Miner advised that only
two survey responses were received, one in support and one opposed. Planning
Officer Miner stated that the draft ordinance maintains the current requirements
with a small revision to allow smaller units to have less storage. Planning Officer
Miner commented that public storage businesses in the City advise that they are
experiencing a high demand for storage space. Planning Officer Miner stated that
it’s a benefit of living in Sunnyvale to have lockable storage space but that staff
can’t comment on public opinion due to low feedback response.
Commissioner Howard asked staff if there are requirements for secure bike storage
and rental facilities. Planning Officer Miner stated that it depends and that there are
two classes of bike storage, which is typically required for projects heard by the
Planning Commission. Planning Officer Miner advised that staff toured lockable
storage units and saw that few units were used, except to store bulky items.
Planning Officer Miner commented that one potential reason is that residents have
different priorities and may own less belongings. Commissioner Howard confirmed
with Planning Officer Miner that there are generally different requirements for
bicycle storage space.
Vice Chair Rheaume asked staff if the recommendation allowed for two smaller
spaces to be combined to meet the minimum size, allowing for more flexibility in
creating the storage space. Planning Officer Miner advised that a standard storage
usage exists in parking garages, where the storage is above the roof of the cars,
but that another larger space in a more common area would be required. Vice
Chair Rheaume asked staff if the developer could decide how to distribute the
storage space, if the site meets the total required amount of storage space.
Planning Officer Miner stated they can distribute the storage space but still must
meet the minimum dimensions. Associate Planner Cha advised that staff’s
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recommendation is for each unit to have a 200-cubic foot minimum and not to
combine or break up the storage into different sizes. Vice Chair Rheaume asked
staff if a developer could build one storage space of 400 cubic feet for two units and
still meet the requirement of 200 cubic feet per unit. Planning Officer Miner stated
that this would not meet the requirement, since each unit must have 200 cubic feet
of storage space. Vice Chair Rheaume stated an opinion that considering the price
of real estate, it makes more financial sense to use public storage then to pay for
the extra real estate.
Chair Harrison commented that there was a description of an option for storage
space with a small minimum and an additional 50 storage locations onsite, offered
to tenants for a cost. Chair Harrison asked staff to explain why this option wasn’t
recommended. Planning Officer Miner stated the goal is not to overcomplicate or
create another potential revenue source for owners but to have a perk for tenants.
Planning Officer Miner commented that this is an asset for City residents and that
the draft ordinance is similar to the current standard while also addressing
concerns for flexibility. Planning Officer Miner stated that the Planning Commission
can change these requirements.
Chair Harrison confirmed with Planning Officer Miner that this item was initially
driven by requests for deviations and by developer feedback. Planning Officer
Miner commented that some of the properties staff visited weren’t occupied, or the
tenants were forewarned, so it was difficult to find current examples of storage
space usage. Associate Planner Cha stated that the property managers said that
prospective tenants were happy to learn that storage units were included in the
lease and that at least 50% of the storage space was used by current residents.
Chair Harrison asked staff to give data on the two survey answers that were
received. Associate Planner Cha noted that these survey results will be included in
the report to the City Council. Associate Planner Cha advised that the first
response was from residents of a two-bedroom unit who fully use the storage
space and want it increased, while the second response was from a resident of a
one bedroom unit who uses 25% of their storage area and wants it decreased.
Planning Officer Miner returned to Commissioner Howe’s earlier question and
advised that per the fire code, sprinklers are required in all storage areas that are
within five feet of the exterior building walls, roof overhangs, canopies or constitute
an exposure to adjacent property.
Chair Harrison opened the Public Hearing.
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Planning Commission Meeting Minutes - Final March 6, 2017
There were no public speakers on this item.
Chair Harrison closed the Public Hearing.
MOTION: Commissioner Howe moved and Commissioner Simons seconded the
motion for Alternative 1 – Introduce an Ordinance to amend Section 19.38.040
(Storage Space for Multi-Family Residential) regarding size, location, configuration,
exception process and applicability and make associated amendments to Section
19.12.100 (“I”) of Chapter 19.12 (Definitions) and Section19.90.030 (Procedures) of
Chapter 19.90 (Special Development Permits) of the Sunnyvale Municipal Code,
and find these actions are exempt from CEQA.
Commissioner Howe noted that in selling real estate, most homes in the City have
additional storage space which is often used to store seasonal items outside of the
house. Commissioner Howe commented that this storage space is a strong
amenity for Sunnyvale homes. Commissioner Howe stated that the goal with this
draft ordinance is to have a smaller storage space for smaller units, such as one
bedrooms or studios, while keeping the same current standard. Commissioner
Howe stated that the storage space is both used and needed.
Commissioner Simons commented that there is a great diversity of rental unit types
but that having secure storage is required because of the difference in the use of
shared versus personal lockable storage. Commissioner Simons commented that
the parking requirement is a burden on renters, especially those without cars, and
that this could be revisited in the future. Commissioner Simons stated that there are
a great number of requirements for rental and housing units and so it’s not unusual
that the lockable storage standard has existed since 1986. Commissioner Simons
stated that lockable storage positively differentiates the City and that he will be
supporting the motion.
FRIENDLY AMENDMENT: Vice Chair Rheaume offered a friendly amendment to
allow more flexibility for the applicant in meeting the square footage by combining
storage spaces, while still providing the same total square footage.
Commissioner Howe respectfully declined the friendly amendment, stating that it
makes a difference to have a personal locked storage space and not a shared
space, which might raise concerns over personal property.
Vice Chair Rheaume stated an opinion that this is micromanagement of the
determination of storage space but that the draft ordinance did improve the
standard by reducing the requirement to 200 cubic square feet and so he will be
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Planning Commission Meeting Minutes - Final March 6, 2017
supporting the motion.
Commissioner Olevson commented that he will support the motion and confirmed
with Planning Officer Miner that Alternative 1 should introduce an ordinance
consistent with Option A. Commissioner Olevson stated that he won’t ask for a
four-foot minimum or inquire how developers will sell the product. Commissioner
Olevson stated that the Planning Commission should approve this item as
recommended and hope for the best with the City Council.
Commissioner Howard clarified with Associate Planner Cha that this requirement
will apply to the new zoning districts that were recently created and to any
multi-family residential projects.
The motion carried by the following vote:
Yes: 6 - Chair Harrison
Vice Chair Rheaume
Commissioner Howard
Commissioner Howe
Commissioner Olevson
Commissioner Simons
No: 0
Absent: 1 - Commissioner Weiss
Planning Officer Miner advised that this item goes to the City Council on March 28.
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
Commissioner Howe commented that attending the Planning Commissioners
Academy was extremely valuable and it was good to learn about the actions of
other jurisdictions.
Commissioner Simons stated that he can be concerned with repetitive information
at these types of conferences, but that each year he learns something different.
Commissioner Simons welcomed Commissioner Howard to the Planning
Commission.
Chair Harrison thanked staff for facilitating conference attendance and stated that
City of Sunnyvale Page 17
Planning Commission Meeting Minutes - Final March 6, 2017
she learned a lot.
-Staff Comments
Planning Officer Miner stated he was glad that the Planning Commissioners could
attend the conference and thanked them for attending. Planning Officer Miner
welcomed Commissioner Howard and stated he looks forward to a full Planning
Commission soon.
ADJOURNMENT
Chair Harrison adjourned the meeting at 9:10 PM.
City of Sunnyvale Page 18
Agenda
City of Sunnyvale
Notice and Agenda - Final
Planning Commission
Monday, March 6, 2017 7:00 PM Council Chambers and West Conference
Room, City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Study Session Cancelled | Special Meeting - Public Hearing 7 PM
6 P.M. STUDY SESSION CANCELLED
7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
SALUTE TO THE FLAG
ROLL CALL
ORAL COMMUNICATIONS
CONSENT CALENDAR
1. A 17-0266 Annual Review of the Code of Ethics and Conduct for Elected and
Appointed Officials
1. B 17-0289 Approve Planning Commission Meeting Minutes of February 27, 2017
Recommendation: Approve Planning Commission Meeting Minutes of February
27, 2017 as submitted.
PUBLIC HEARINGS/GENERAL BUSINESS
2. 17-0025 Proposed Project: PEERY PARK PLAN REVIEW PERMIT to
construct a 207,620-square foot, four-story corporate/research and
development (R&D) office building and a 7-level, partially
underground parking structure with attached ground floor retail of up
to 4,000 square feet on a 4.4-acre site resulting in a total of 110%
FAR. The project includes outdoor dining/recreation areas and a
pedestrian/bicycle path for public use.
File #: 2015-7256
Location: 520 Almanor Avenue (APNs 165-43-016, -017 and -018)
Applicant / Owner: Lane Partners, LLC / Pace Properties
Environmental Review: The project is exempt from additional CEQA
City of Sunnyvale Page 1 Printed on 3/3/2017
Planning Commission Notice and Agenda - Final March 6, 2017
review per CEQA Guidelines section 15168(c)(2) and (4) and Public
Resources Code Section 21094(c). The project is within the scope of
the Peery Park Specific Plan Program EIR as no new environmental
impacts are anticipated and no new mitigation measures are required.
Project Planner: Rosemarie Zulueta, (408) 730-7437,
rzulueta@sunnyvale.ca.gov
Recommendation: Alternative 1: Recommend that the City Council make the
required Findings to approve the California Environmental
Quality Act determination that the project is within the scope of
the Peery Park Specific Plan (PPSP) Environmental Impact
Report (EIR) and no additional environmental review is
required; and approve the Peery Park Plan Review Permit
subject to PPSP Mitigation Monitoring and Reporting Program
in Attachment 7 to the Report and recommended conditions of
approval set forth in Attachment 5 to the Report.
3. 16-1146 File #: 2016-7576
Location: 1314 Lillian Avenue (APN: 309-09-014)
Zoning: R0 (Low Density Residential)
Proposed Project: Consideration of an application on a 9,281
-square foot site:
DESIGN REVIEW: To allow 187 sq. ft. first floor and 536 sq. ft.
second floor addition to an existing 3,370 sq. ft. two-story
single-family home (2,405 sq. ft. living area and 965 sq. ft.
garage) resulting in 3,872 sq. ft. and 41.7% FAR.
Applicant / Owner: Jose Fernandez (applicant) / Bharti Bhakhri
(owner)
Environmental Review: Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to Class 1, Section
15301 of the California Environmental Quality Act (CEQA). The
project consists of a minor addition to an existing single-family
residence.
Project Planner: Shila Behzadiaria, (408) 730-7456,
sbehzadiaria@sunnyvale.ca.gov
Due to lack of a quorum of the Planning Commission on February 13,
2017, this item was rescheduled to the Planning Commission hearing
of March 6th, 2017.
Recommendation: Alternative 1 to approve the Design Review based on the
Findings in Attachment 3 and with the recommended
Conditions in Attachment 4.
4. 16-1128 Storage Space for Multi-Family Residential: Forward a
recommendation to the City Council to Introduce an Ordinance to
Amend Section 19.12.130 (“L”) of Chapter 19.12 (Definitions), Section
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Planning Commission Notice and Agenda - Final March 6, 2017
19.38.040 (Individual Lockable Storage Space) of Chapter 19.38
(Required Facilities) and Section 19.90.030 (Procedures) of Chapter
19.90 (Special Development Permits) of the Sunnyvale Municipal
Code, and Find that the Action is Exempt from CEQA Pursuant to
CEQA Guidelines Section 15061(b)(3).
Recommendation: Staff recommends Alternative 1: Recommend to City Council
that City Council Introduce an Ordinance to amend Section
19.38.040 (Storage Space for Multi-Family Residential)
regarding size, location, configuration, exception process and
applicability and make associated amendments to Section
19.12.100 ("I") of Chapter 19.12 (Definitions) and Section
19.90.030 (Procedures) of Chapter 19.90 (Special
Development Permits) of the Sunnyvale Municipal Code, and
find these actions are exempt from CEQA.
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
-Staff Comments
ADJOURNMENT
City of Sunnyvale Page 3 Printed on 3/3/2017
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