Planning Commission
Regular MeetingSunnyvale, CA · November 26, 2018
Minutes
City of Sunnyvale
Meeting Minutes - Final
Planning Commission
Monday, November 26, 2018 7:00 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Study Session Cancelled | Special Meeting - Public Hearing 7 PM
STUDY SESSION CANCELLED
7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
Chair Howard called the meeting to order at 7:01 PM in the Council Chambers.
SALUTE TO THE FLAG
Chair Howard led the salute to the flag.
ROLL CALL
Present: 7 - Commissioner Carol Weiss
Chair Daniel Howard
Commissioner John Howe
Commissioner Ken Olevson
Vice Chair David Simons
Commissioner Ken Rheaume
Commissioner Sue Harrison
ORAL COMMUNICATIONS
CONSENT CALENDAR
1. A 18-1041 Approve the revised Planning Commission Meeting Minutes of October
22, 2018
Commissioner Harrison moved and Commissioner Weiss seconded the motion to
approve the revised Planning Commission Meeting Minutes of October 22, 2018.
The motion carried by the following vote:
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Planning Commission Meeting Minutes - Final November 26, 2018
Yes: 6 - Commissioner Weiss
Chair Howard
Commissioner Olevson
Vice Chair Simons
Commissioner Rheaume
Commissioner Harrison
No: 0
Abstained: 1 - Commissioner Howe
1. B 18-1040 Approve Planning Commission Meeting Minutes of November 12, 2018
Commissioner Howe moved and Vice Chair Simons seconded the motion to
approve the Planning Commission Meeting Minutes of November 12, 2018. The
motion carried by the following vote:
Yes: 5 - Commissioner Weiss
Chair Howard
Commissioner Howe
Vice Chair Simons
Commissioner Rheaume
No: 0
Abstained: 2 - Commissioner Olevson
Commissioner Harrison
PUBLIC HEARINGS/GENERAL BUSINESS
2. 18-1035 Proposed Project:
PUBLIC COMMENTS ON THE DRAFT ENVIRONMENTAL
IMPACT REPORT for a residential project on a 34.7-acre site
consisting of up to 1,074 residential units including 944 apartment
dwelling units and 130 townhome-style dwellings units, dedication
of a 6.5-acre public park and the eastward extension of Indian
Wells Avenue to connect with the Duane Avenue/Stewart Drive
Intersection.
Location: 1 AMD Place and 975 Stewart Drive
File #: 2016-8035
Zoning: Industrial Service/Industrial-to-Residential High Density Zoning
District (MS/ITRR4) Zoning District and Industrial
Service/Industrial-to-Residential Medium Density Zoning District
(MS/ITRR3)
Applicant/Owner: Irvine Company/1090 East Duane Avenue LLC
Project Planner: Gerri Caruso, (408) 730-7591,
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gcaruso@sunnyvale.ca.gov
Principal Planner Gerri Caruso presented the staff report.
Pat Angell, representing Ascent Environmental Inc., presented images and
information about the proposed project.
Chair Howard opened the Public Hearing.
Josué García, representing the Santa Clara County Residents for Responsible
Development, spoke in support of the proposed project and commented on the
traffic mitigation measures, affordable housing and public park.
Raju Dahal, Sunnyvale resident, spoke in support of the proposed project and
commented on the benefits of the proposed public park and the addition of
affordable housing.
Sergio Figueroa, Sunnyvale resident, spoke in support of the proposed project and
commented that it will provide local jobs and school funding.
Hector Gomez spoke in support of the proposed project and commented on the
benefits of the proposed public park and affordable housing for people employed in
the City.
Glen Chambers, Sunnyvale resident, discussed his concerns with future site access
for the proposed project in relation to shifting traffic patterns and existing
intersection signal issues at Duane Avenue and Stewart Drive.
Jonathan Fishpow, Sunnyvale resident, spoke in support of the proposed project
and commented on the need for housing in the City.
Zachary Kaufman commented on information not included in DEIR sections 3.5 and
4.9 and stated an opinion that the value of residential square footage from 2000 is
of little to no value since it is adjusted for inflation.
Stephanie Ray spoke in support of the proposed project and commented on the
need for housing in the northern part of the City. Ms. Ray advocated for the
development of a bike lane from the proposed project to the Caltrain station.
Chair Howard closed the Public Hearing.
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Commissioner Rheaume asked staff how the traffic light issue, as mentioned during
public comments, will be addressed. Mr. Angell advised that the DEIR contains a
traffic analysis section for the intersection operations and impacts.
Commissioner Weiss asked staff why only 6% of the units will be reserved for very
low-income households. Principal Planner Caruso advised that the number is not an
environmental impact, that it is only included as a description of what the applicant
is proposing and that 12.5% of the townhomes for ownership will be affordable
units.
Commissioner Weiss asked about the methodology for collecting plot samples to
identify hazardous materials. Mr. Angell provided information about the technical
studies and noted that a cleanup program is underway with the San Francisco Bay
Region Regional Water Quality Control Board.
Vice Chair Simons stated an opinion that the DEIR alternatives related to traffic
impacts are not adequate. Vice Chair Simons commented on the traffic impacts
associated with egress/ingress at the intersections of East Duane Avenue and San
Rafael or San Simeon. Vice Chair Simons recommended the addition of a passive
control traffic circle to potentially mitigate these traffic impacts.
Chair Howard closed the Public Hearing. No action was required nor taken.
3. 18-0889 Proposed Project:
DESIGN REVIEW: to allow a 1,330-square foot addition (631
square feet at first floor and 699 square feet at second floor) to an
existing one-story single-family home, resulting in a total gross
floor area of 4,132 square feet (3,282 square feet of living area
and 855 square feet 3-car garage) and 38% Floor Area Ratio
(FAR).
VARIANCE: to allow a reduced front yard setback (14’-9”) for a
portion of the first floor where a minimum of 20 feet is required.
Location: 1498 Norman Drive (APNs: 313-14-049)
File #: 2018-7568
Zoning: R-1
Applicant / Owner: Juan Carlos Navarro (applicant) / Bino Jacob
(owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions
that include minor additions to an existing single-family residence
(CEQA Guidelines, Section 15301).
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Project Planner: Shila Behzadiaria, (408) 730-7456,
sbehzadiaria@sunnyvale.ca.gov
Assistant Planner Shila Behzadiaria presented the staff report.
Commissioner Weiss clarified with Assistant Planner Behzadiaria that the only
requested variance is for the reduced front yard setback because the existing front
setback is legal nonconforming.
Commissioner Weiss confirmed with Assistant Planner Behzadiaria that the
Accessory Dwelling Unit (ADU) will have a separate entrance.
Commissioner Weiss discussed the proposed changes to the chain link fence with
Assistant Planner Behzadiaria.
Commissioner Weiss asked staff if the current owner was involved with the previous
actions on the site. Assistant Planner Behzadiaria advised that the applicant can
provide this information.
Commissioner Harrison asked staff if the Department of Public Works (DPW) has
provided comments regarding driveway access for the proposed project, given
neighborhood safety concerns with the adjacent intersection. Assistant Planner
Behzadiaria advised that DPW has not provided comments because the driveway is
an existing structure.
Commissioner Harrison commented that the laundry is shown as part of the garage
on the floor plan but as habitable space on the electrical plan. Assistant Planner
Behzadiaria advised that floor plan shown in sheet A 1.3 was updated and that the
electrical plan is outdated.
Commissioner Rheaume confirmed with Assistant Planner Behzadiaria that the
replacement for the chain link fence will extend to the stop sign and that a portion
will be relocated to meet the public right-of-way and sidewalk easement
requirements.
Commissioner Rheaume noted his concern regarding previous Neighborhood
Preservation complaints and asked staff about the removal of unpermitted
accessory structures. Assistant Planner Behzadiaria stated that staff will check with
Neighborhood Preservation to ensure that any cases are resolved.
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Commissioner Rheaume commented on his concerns about access to the existing
garage. Commissioner Rheaume confirmed with Assistant Planner Behzadiaria that
the existing fence which provides access to the garage will be removed.
Commissioner Rheaume reiterated his concern regarding unpermitted accessory
structures.
Commissioner Rheaume confirmed with Assistant Planner Behzadiaria that the ADU
will be located on the second floor. Commissioner Rheaume commented that the
ADU living space will be right above the first-floor master bedroom.
Commissioner Olevson commented on his concerns with the stop sign and vision
triangle issues at the intersection and asked staff how the vision triangle would be
calculated given the lot shape. Principal Planner Gerri Caruso advised that the
driveway and stop sign are existing conditions and that any exacerbating factors on
the subject site such as landscaping can be mitigated. Principal Planner Caruso
advised that DPW did not require relocation of the driveway and that the applicant is
not responsible for potentially unsafe intersection conditions. Commissioner
Olevson clarified with Principal Planner Caruso that staff would need to confer with
DPW regarding shifting the moveable structures to lessen visibility impacts.
Commissioner Harrison commented that this intersection has repeatedly been
identified as an issue in the Safe Routes to School program and that the
neighborhood was previously informed that nothing could be done because it is on
private property. Commissioner Harrison stated an opinion that it appears the issue
is because it is on public property but that if the safety concerns can be mitigated
then they should be.
Vice Chair Simons discussed the potential to implement vision triangle requirements
for the portion of the proposed project’s front yard that would impact the intersection
with Principal Planner Caruso. Principal Planner Caruso stated that a Condition of
Approval (COA) could not be added without a staff consultation with DPW because
they have intersection design oversight.
Commissioner Rheaume asked staff if the garage will be redeveloped or
maintained. Assistant Planner Behzadiaria explained that a portion of the garage
towards the east of the property will be demolished and set back.
Chair Howard suggested that the shoulder which will be developed into a sidewalk
could be designated as a no parking zone to remedy the vision triangle issues.
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Commissioner Howe commented on the existing legal nonconforming front setback
and asked staff how much of the downstairs will be remodeled. Assistant Planner
Behzadiaria explained that only the exterior walls are considered for the new 50%
construction regulation and that in this instance only the interior is being remodeled.
Commissioner Howe asked staff if all non-conformance can be decreased to meet
the 20-foot setback. Assistant Planner Behzadiaria advised that the front wall of the
house is already within the 20-foot setback and that no changes have been
proposed to the front wall.
Chair Howard opened the Public Hearing.
The applicant was not required to present information about the proposed project.
Commissioner Harrison commented that based on the site plan dimensions and the
slope of the lot it appears that about eight feet of the existing garage is within the
20-foot setback. Juan Carlos, representing D-Cube Studio, advised that the existing
garage does protrude into the 20-foot setback. Commissioner Harrison confirmed
with Mr. Carlos that the vision triangle issue has not been discussed with staff.
Commissioner Rheaume stated that based on an aerial view of the property it
appears that the existing garage has additional structures on either side. Mr. Carlos
stated that these are illegal additional structures that will be removed. Commissioner
Rheaume confirmed with Mr. Carlos that these are the only illegal accessory
structures on the property.
Commissioner Rheaume asked the applicant to explain the placement of the ADU.
Mr. Carlos stated that the ADU will provide living space for additional family
members and that the lot shape would not support an ADU on the ground floor.
Commissioner Rheaume commented on the oddity of the ADU location.
Commissioner Rheaume confirmed with Mr. Carlos that the owner not does
currently live at the subject site but plans to live there.
Commissioner Rheaume asked the owner how long he has owned the property.
Bino Jacob, owner, advised that they have owned the property since 2001.
Commissioner Rheaume asked Mr. Jacob about the nature of the Neighborhood
Preservation complaints. Mr. Jacob stated that the complaints were unfounded.
Commissioner Rheaume confirmed with Mr. Jacob his understanding that he would
need to live in the house with the addition of the ADU.
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Commissioner Weiss commented on the proposed project’s size and asked the
owner about energy efficient features to mitigate the proposed project’s footprint.
Mr. Carlos provided information about the insulation, cool roof and ADU materials.
Commissioner Weiss confirmed with Mr. Carlos that they would agree to install
energy efficient heating, air conditioning and ventilation systems. Commissioner
Weiss confirmed with Mr. Carlos that all appliances will be Energy Star certified and
that a tankless water heater will be used for the ADU. Commissioner Weiss
confirmed with Mr. Carlos that programmable thermostat timers will be used and that
EV chargers will be provided for both parking spaces.
Vice Chair Simons commented on the variance request and stated that if the third
garage side wall was covered but not enclosed it would help improve the vision
triangle. Mr. Carlos stated that this would not be a problem to make it a carport.
Commissioner Harrison asked staff about the process for creating a vision triangle.
Assistant Planner Behzadiaria advised that staff has drafted language for a COA to
consider ways to increase safety along the street frontage by trimming vegetation,
modifying the fence, or restricting street parking, subject to DPW review.
Commissioner Harrison asked about modifying the garage wall. Principal Planner
Caruso stated that to demolish a legal non-conforming structure is a grey area and
that the COA would feasibly mitigate the situation. Senior Assistant City Attorney
Rebecca Moon commented that currently available staff does not have the traffic
expertise to advise if demolishing an existing structure would be an appropriate
solution. Commissioner Harrison confirmed with Principal Planner Caruso that they
would not know the outcome of the potential COA without conferring with DPW but
that the goal would be to improve safety.
Commissioner Harrison confirmed with Mr. Jacob that he would agree to modify the
right side of the garage into a carport if DPW confirms that this change would
improve safety.
Commissioner Rheaume confirmed with the applicant that to the right of the garage
is an unpermitted component that will be removed. Commissioner Rheaume stated
an opinion that it does not appear that a carport will improve safety.
Commissioner Olevson commented that per City code, structures within any vision
triangle are limited to 42 inches in height. Commissioner Olevson confirmed with Mr.
Carlos that they would agree to a COA that prohibits vegetation over 42 inches
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between the house or garage and the street, excluding existing trees.
Chair Howard closed the Public Hearing.
Commissioner Howe asked staff about the possibility of continuing this item, given
the Permit Streamlining Act requirements. Senior Assistant City Attorney Moon
advised that staff can check. Commissioner Howe suggested that if other
Commissioners are interested then staff could check now. Vice Chair Simons noted
his interest in this information.
Commissioner Rheaume commented that the owner must occupy the home at all
times with the addition of the ADU and asked staff what happens if the owner does
not comply. Assistant Planner Behzadiaria stated that prior to issuance of the
Building permit, the property owner must sign and record a deed restriction that
states that the property shall be owner-occupied from the date of recordation, if the
ADU remains on the property. Assistant Planner Behzadiaria advised that
Neighborhood Preservation would investigate any non-compliance and that the
owner would have to move back in or convert the ADU.
Chair Howard suggested that the vision triangle requirements could apply to the
20-foot front setback for the subject site given Commissioner Olevson’s comments
about the 42-inch height limitations.
Senior Assistant City Attorney Moon stated that the Permit Streamlining Act requires
a decision on the project within 60 days from when the project is deemed complete
but that the next Planning Commission agenda may not accommodate this item.
Principal Planner Caruso advised that this item could be continued to the January
14th Planning Commission public hearing. Commissioner Howe stated that given
the issues it seems pertinent to have a City expert attend the public hearing to
explain the vision triangle requirements and how the proposed project would impact
the vision triangle. Principal Planner Caruso advised that January 14th is actually
outside of the 60-day window. Commissioner Howe suggested that DPW staff give
a presentation at the next public hearing.
Vice Chair Simons commented that it is within the Planning Commission’s purview to
require modifications to a proposed project that is requesting a variance. Vice Chair
Simons asked staff why modifying the garage to create a carport would not be
allowed. Senior Assistant City Attorney Moon asked why modifying the garage
would be requested if it is not related to safety concerns. Vice Chair Simons stated
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that this could be related to the setback. Senior Assistant City Attorney Moon stated
that it is an existing legal non-conforming structure and that there would not be a
legal basis to remove this structure simply because other work is being done on the
property.
Commissioner Weiss asked staff if a feasible solution would be for staff to return
with feedback and/or DPW staff. Senior Assistant City Attorney Moon stated that it
might be a solution since information regarding safety and potential mitigation
measures is not currently available. Senior Assistant City Attorney Moon advised
that staff could confer with the applicant to see if they are amenable with a
continuation to January.
Principal Planner Caruso advised that the applicant would agree to continue this
item to January.
MOTION: Vice Chair Simons moved and Commissioner Howe seconded the motion
to continue this item to the Planning Commission hearing on January 14th, 2019
and stated that staff will provide information that was unavailable regarding the
issues discussed during the public hearing.
FRIENDLY AMENDMENT: Commissioner Howe offered a friendly amendment to
specify that site specific information including the vision triangle, but not limited to
only that topic, will be presented at the January 14, 2019 Planning Commission
hearing and that DPW and Transportation and Traffic Division staff will be invited to
the hearing. Commissioner Simons accepted the friendly amendment.
Vice Chair Simons stated that continuing this item is the best way to potentially
support the project and will allow for the necessary information to be obtained.
Commissioner Howe seconded Vice Chair Simons’ comments.
Commissioner Rheaume stated that he will be supporting the motion.
Commissioner Harrison stated that she will be supporting the motion.
FRIENDLY AMENDMENT: Commissioner Harrison offered a friendly amendment to
specify that staff will present information at the January 14th, 2019 Planning
Commission hearing about the proposed project’s potential impact on the Safe
Routes to School program. Commissioner Simons and Commissioner Howe
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accepted the friendly amendment.
Chair Howard stated that he will not be supporting the motion because there is the
potential to approve the project this evening with modified conditions but that a
continuance seems like a reasonable action.
The motion carried by the following vote:
Yes: 6 - Commissioner Weiss
Commissioner Howe
Commissioner Olevson
Vice Chair Simons
Commissioner Rheaume
Commissioner Harrison
No: 1 - Chair Howard
Principal Planner Caruso stated that this item will be continued to the Planning
Commission hearing on January 14th, 2019.
4. 18-1034 Proposed Project:
TENTATIVE PARCEL MAP to subdivide one lot into two lots;
USE PERMIT to allow reduced lot area and lot width for a small
lot subdivision; and
DESIGN REVIEW to construct two single-family homes on each
lot with floor area ratio (FAR) of approximately 55%.
Location: 718 East Homestead Road (APN: 309-46-053)
File #: 2017-7950
Zoning: R-2
Applicant / Owner: Shawn Ghandchi (applicant) / 12561 Paseo Cerro
Group (owner)
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) (Section
15303(a)).
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
Senior Planner Noren Caliva-Lepe presented the staff report.
Vice Chair Simons commented on the lot sizes and asked staff to clarify the total
landscaping square footage. Senior Planner Caliva-Lepe explained that the
landscaping listed is for both proposed lots.
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Vice Chair Simons noted his privacy concerns between the two homes due to the
second-floor windows and asked staff if consideration was given for obscured glass.
Senior Planner Caliva-Lepe stated that staff felt there was adequate separation to
reduce the privacy impact but that the Planning Commission could add this as a
Condition of Approval (COA). Senior Planner Caliva-Lepe explained that COA PS-1
applies to the second-floor windows.
Chair Howard opened the Public Hearing.
Aman Dulay, representing AKS Building Design, presented information about the
proposed project.
Vice Chair Simons stated his appreciation for the design of the front steps and
asked the applicant about safety issues. Ms. Dulay clarified that the rendering of the
front steps is inaccurate and provided information about the design.
Vice Chair Simons confirmed information regarding the materials for the garage
doors with Ms. Dulay.
Commissioner Rheaume noted his appreciation for the unique design and asked the
applicant about the driveway materials. Ms. Dulay stated that pervious materials will
be used. Commissioner Rheaume clarified with Ms. Dulay that the windows will be
composite.
Commissioner Harrison asked the applicant if consideration was given for a duet
design to allow for greater side yards. Ms. Dulay advised that the lot is deep enough
to provide the look of a single-family home and that it will be easier for the owner to
sell two single-family homes. Commissioner Harrison commented on the number of
duet projects seen by the Planning Commission.
Commissioner Weiss asked the applicant about the proposed use for shiplap. Ms.
Dulay stated that it is a terminology related to siding.
Chair Howard closed the Public Hearing.
MOTION: Commissioner Rheaume moved and Commissioner Weiss seconded the
motion for Alternative 1 – Approve the Tentative Parcel Map, Use Permit and
Design Review subject to the findings in Attachment 3 and recommended conditions
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of approval in Attachment 4.
Commissioner Rheaume stated that he can make the findings for Policies LT-4.4,
LT-7.3 and CC-1.3 and that no deviations have been requested. Commissioner
Rheaume stated that this will be a nice addition in an eclectic neighborhood.
Commissioner Rheaume noted his appreciation for the proposed project’s design.
Commissioner Weiss stated that no deviations have been requested and that the
proposed project meets the design standards and applicable Goals and Policies.
Commissioner Weiss complimented the proposed project’s architecture and
commented that it will enhance the neighborhood.
Commissioner Harrison stated that she will be supporting the motion and noted her
appreciation for the treatment of the garages.
Vice Chair Simons stated that he will be supporting the motion and can make the
findings. Vice Chair Simons noted his concern for potential second-floor window
privacy issues but stated that the future owners can resolve any issues. Vice Chair
Simons recommended that if pervious concrete is used to break it into different
squares for visual effect. Vice Chair Simons stated an opinion that this will be a very
nice project with good architecture.
Commissioner Olevson stated that he will be supporting the motion and noted his
agreement with staff’s considerations for the Design Review. Commissioner
Olevson stated that the Use Permit meets the objectives of the General Plan and
will not impair the neighborhood. Commissioner Olevson stated that he could not
make the findings to deny the Tentative Map.
Chair Howard stated that he will be supporting the motion. Chair Howard
commented that a small lot subdivision at an R-2 density would probably generally
be compatible with a single-family neighborhood.
The motion carried by the following vote:
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Yes: 7 - Commissioner Weiss
Chair Howard
Commissioner Howe
Commissioner Olevson
Vice Chair Simons
Commissioner Rheaume
Commissioner Harrison
No: 0
Principal Planner Caruso stated that this decision is final unless appealed to the
City Council within 15 days or called up by the City Council within 15 days.
5. 18-0891 Proposed Project:
SPECIAL DEVELOPMENT PERMIT: for the demolition of one
existing single family residence and the construction of five new
single family residences, and;
TENTATIVE MAP: to subdivide a 0.8-acre lot into five lots.
Location: 18771 East Homestead Road (APNs: 313-41-070 and
313-41-071)
File #: 2017-7816
Zoning: R-0/PD - Low Density Residential / Planned Development
Applicant / Owner: Dutchints Development, LLC (applicant) / 18771
Homestead Road, LLC (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
Commissioner Rheaume recused himself due to a conflict of interest.
Associate Planner Momoko Ishijima presented the staff report.
Vice Chair Simons asked staff if there are planned changes to the flood maps to
meet current flood reality. Associate Planner Ishijima stated that most of the flood
maps are provided by the Federal Emergency Management Agency (FEMA) and
that staff is not aware of any updates. Vice Chair Simons commented that the
proposed project is near a canal and could be impacted by floods. Associate
Planner Ishijima stated that the applicant contacted the Santa Clara Valley Water
District and that no development changes were required.
Vice Chair Simons asked staff if pervious asphalt will be used for the driveway.
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Associate Planner Ishijima advised that the applicant can provide this information.
Commissioner Weiss commented on the neighbor’s interest in a fence and asked
staff how this will be resolved and about privacy impacts. Associate Planner Ishijima
advised that the applicant did not want their yard to be shaded and that the
landscaping will be reviewed through the Building permit process. Commissioner
Weiss clarified with Associate Planner Ishijima that the fence is existing.
Commissioner Weiss confirmed with Associate Planner Ishijima that the two homes
on Homestead Road will utilize soundproof windows to meet the City’s interior noise
guidelines.
Chair Howard opened the Public Hearing.
Scott Stotler, representing Dutchints Development LLC, presented information
about the proposed project.
Richard Mehlinger, speaking on his own behalf, spoke in support of the proposed
project. Mr. Mehlinger complimented the architecture and noted that this project
would increase housing in the City.
Volker Joehnk, Sunnyvale resident, discussed his concerns with the two-story
nature of the proposed project and commented on the single-story nature of the
adjacent Eichler neighborhood.
Mr. Stotler presented additional information about the proposed project.
Vice Chair Simons asked the applicant about the asphalt materials. Mr. Stotler
advised that the driveway will mainly be concrete and that pervious asphalt could be
used for the street but that it can cause issues for emergency vehicle loads. Vice
Chair Simons commented that pervious asphalt is used by CalTrans highway. Mr.
Stotler stated that they are open to discussing the use of pervious asphalt.
Chair Howard closed the Public Hearing.
MOTION: Commissioner Howe moved and Vice Chair Simons seconded the motion
for Alternative 2 – Make the findings as required by CEQA in Attachment 3, adopt
the Mitigated Negative Declaration, and approve the Special Development Permit
and Tentative Map with the recommended findings in Attachment 3 and with
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modified conditions – for staff to work with the applicant to implement pervious
materials for the road, if feasible.
Commissioner Howe stated that he can make the findings and commented that five
new houses will be constructed, which will help the housing crisis. Commissioner
Howe commented on a similar scenario with a previous project where Eichler homes
abutted the back of the development and stated that a row of single-story houses
could be implemented with appropriate setbacks to mitigate privacy concerns.
Commissioner Howe asked staff to work on the landscaping to meet the needs of
the adjacent single family residences.
Vice Chair Simons noted his agreement with Commissioner Howe’s comment that
this is a similar situation as with a previous project. Vice Chair Simons commented
that a two-story pair of homes along Homestead Road will fit in fine and that there
will be a transition to Eichlers further down the street. Vice Chair Simons stated that
issues raised during the study session were handled by the applicant. Vice Chair
Simons stated that the modernish architecture is friendly and that the project will be
a nice addition that has variations. Vice Chair Simons stated that he can make the
findings.
Commissioner Harrison stated that she will be supporting the motion. Commissioner
Harrison stated that the proposed project will integrate well with the adjacent Eichler
neighborhood while maximizing the usable open space.
Commissioner Olevson stated that he will be supporting the motion. Commissioner
Olevson stated that the criteria for the Special Development Permit and Design
Review have been met, that the proposed project meets the General Plan
guidelines, that it does not impair existing or future uses in the area and that no
findings can be made to deny the Tentative Map. Commissioner Olevson
commented that the applicant has done a good job with community outreach and in
addressing the concerns raised during the study session.
Commissioner Weiss stated that she will be supporting the motion and noted her
appreciation that the applicant addressed the neighbor’s concerns. Commissioner
Weiss commented that one driveway on Homestead Road is a good safety feature
considering the number of bicyclists. Commissioner Weiss stated an opinion that the
architecture is lovely and will fit in without imitating the Eichlers. Commissioner
Weiss commented that the previous Single Story Combining District (SSCD) request
for this neighborhood was denied so a second-story is possible. Commissioner
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Weiss stated that she can make the findings related to CEQA, the Special
Development Permit and the General Plan and that the proposed project meets the
Single-Family Home Design Techniques.
Chair Howard stated that often with SSCD’s the concern which is expressed is
about the experience of the streetscape. Chair Howard suggested that a two-story
home on Homestead Road will be different than if it was developed along Lorne
Way. Chair Howard commented that five new homes in the City will be a great
addition.
The motion carried by the following vote:
Yes: 6 - Commissioner Weiss
Chair Howard
Commissioner Howe
Commissioner Olevson
Vice Chair Simons
Commissioner Harrison
No: 0
Recused: 1 - Commissioner Rheaume
Principal Planner Caruso stated that this decision is final unless appealed to the
City Council within 15 days or called up by the City Council within 15 days.
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
Principal Planner Amber Blizinski commented that staff included a note in the ADU
study issue paper that all ADU items could be combined into one study issue and
that staff would like feedback about this.
Chair Howard opened the public hearing.
Richard Mehlinger, speaking on his own behalf, spoke in support of all three
proposed study issues. Mr. Mehlinger requested that the City determine how to
encourage small lot single-family homes, duplexes and triplexes that fit with the
neighborhoods and would reduce the housing shortage. Mr. Mehlinger noted that
the City has had difficulty filling staff positions due to the high price of housing and
that a workforce housing solution could help address that issue.
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Planning Commission Meeting Minutes - Final November 26, 2018
Zachary Kaufman asked the Planning Commission to be mindful that the first three
concepts outlined in the staff paper for the “Evaluate Allowing Increased Density or
Additional Units in Single-Family Zoning Districts” proposed study issue already
negatively impact the residential character of existing neighborhoods, which is cited
as the fourth concept.
Chair Howard closed the Public Hearing.
6. 18-1045 Potential Study Issue: Evaluate Increased Density or Addtional Units in
Single-Family Zoning Districts
Vice Chair Simons requested to modify the proposed study issue to greatly increase
the zoning for areas near transit hubs. Vice Chair Simons provided additional
background about his request. Chair Howard commented that the point of this
proposed study issue is to make it more feasible for the City to densify at a pace
that won’t cause issues for residents. Chair Howard respectfully declined the
proposed change.
Commissioner Harrison stated that the committees for the El Camino Real Corridor
Specific Plan (ECR Plan) and the Land Use and Transportation Element (LUTE)
discussed locations where higher density development could be implemented and
that staff advised that areas close to mass transit are appropriate for higher density.
Commissioner Harrison noted that the LUTE committee expressed interest in high
density development around the Village Centers but that it was not included.
Commissioner Harrison stated that she would support this study issue as it pertains
to Village Centers but that it is unlikely that this study issue will be ranked.
This study issue was not co-sponsored.
7. 18-1044 Potential Study Issue: Promoting Workforce Housing for City Employees
Commissioner Weiss requested to modify the proposed study issue to include
teachers who teach in Sunnyvale schools. Chair Howard discussed this request
with Commissioner Weiss and Principal Planner Blizinski. Chair Howard accepted
the modification to the proposed study issue.
Commissioner Weiss co-sponsored the proposed study issue.
8. 18-1043 Potential Study Issue: Incentivize Accessory Dwelling Units by
Reducing/Removing Development Standards
Principal Planner Blizinski confirmed with Commissioner Harrison that she has no
objection to combining the Accessory Dwelling Unit (ADU) study issues. Chair
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Planning Commission Meeting Minutes - Final November 26, 2018
Howard stated that this proposed ADU study issue will be combined with the “FAR
Threshold Related to ADU” study issue.
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
-Staff Comments
Principal Planner Caruso provided an update that on November 13, 2018 the City
Council approved an indefinite continuance for the General Plan Amendment
Initiation (GPI) at 1050 W. Remington Ave and did not initiate the GPI for 400 – 840
W. California Ave., as was recommended by staff.
ADJOURNMENT
Chair Howard adjourned the meeting at 10:10 PM.
City of Sunnyvale Page 19
Agenda
City of Sunnyvale
Notice and Agenda - Final
Planning Commission
Monday, November 26, 2018 7:00 PM Council Chambers, City Hall, 456 W. Olive
Ave., Sunnyvale, CA 94086
Study Session Cancelled | Special Meeting - Public Hearing 7 PM
STUDY SESSION CANCELLED
7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
Call to Order in the Council Chambers
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.
CONSENT CALENDAR
1. A 18-1041 Approve the revised Planning Commission Meeting Minutes of October
22, 2018
Recommendation: Approve the revised Planning Commission Meeting Minutes of
October 22, 2018 as submitted.
1. B 18-1040 Approve Planning Commission Meeting Minutes of November 12, 2018
City of Sunnyvale Page 1 Printed on 11/21/2018
Planning Commission Notice and Agenda - Final November 26, 2018
Recommendation: Approve Planning Commission Meeting Minutes of November
12, 2018 as submitted.
PUBLIC HEARINGS/GENERAL BUSINESS
2. 18-1035 Proposed Project:
PUBLIC COMMENTS ON THE DRAFT ENVIRONMENTAL
IMPACT REPORT for a residential project on a 34.7-acre site
consisting of up to 1,074 residential units including 944 apartment
dwelling units and 130 townhome-style dwellings units, dedication
of a 6.5-acre public park and the eastward extension of Indian
Wells Avenue to connect with the Duane Avenue/Stewart Drive
Intersection.
Location: 1 AMD Place and 975 Stewart Drive
File #: 2016-8035
Zoning: Industrial Service/Industrial-to-Residential High Density Zoning
District (MS/ITRR4) Zoning District and Industrial
Service/Industrial-to-Residential Medium Density Zoning District
(MS/ITRR3)
Applicant/Owner: Irvine Company/1090 East Duane Avenue LLC
Project Planner: Gerri Caruso, (408) 730-7591,
gcaruso@sunnyvale.ca.gov
3. 18-0889 Proposed Project:
DESIGN REVIEW: to allow a 1,330-square foot addition (631
square feet at first floor and 699 square feet at second floor) to an
existing one-story single-family home, resulting in a total gross
floor area of 4,132 square feet (3,282 square feet of living area
and 855 square feet 3-car garage) and 38% Floor Area Ratio
(FAR).
VARIANCE: to allow a reduced front yard setback (14’-9”) for a
portion of the first floor where a minimum of 20 feet is required.
Location: 1498 Norman Drive (APNs: 313-14-049)
File #: 2018-7568
Zoning: R-1
Applicant / Owner: Juan Carlos Navarro (applicant) / Bino Jacob
(owner)
Environmental Review: Class 1 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) provisions
that include minor additions to an existing single-family residence
(CEQA Guidelines, Section 15301).
Project Planner: Shila Behzadiaria, (408) 730-7456,
sbehzadiaria@sunnyvale.ca.gov
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Planning Commission Notice and Agenda - Final November 26, 2018
Recommendation: Recommend Alternative 1 in accordance with the Findings in
Attachment 3 and Conditions of Approval in Attachment 4.
4. 18-1034 Proposed Project:
TENTATIVE PARCEL MAP to subdivide one lot into two lots;
USE PERMIT to allow reduced lot area and lot width for a small
lot subdivision; and
DESIGN REVIEW to construct two single-family homes on each
lot with floor area ratio (FAR) of approximately 55%.
Location: 718 East Homestead Road (APN: 309-46-053)
File #: 2017-7950
Zoning: R-2
Applicant / Owner: Shawn Ghandchi (applicant) / 12561 Paseo Cerro
Group (owner)
Environmental Review: Class 3 Categorical Exemption relieves this
project from the California Environmental Quality Act (CEQA) (Section
15303(a)).
Project Planner: Noren Caliva-Lepe, (408) 730-7659,
ncaliva-lepe@sunnyvale.ca.gov
Recommendation: Alternative 1: Approve the Tentative Parcel Map, Use Permit
and Design Review subject to the findings in Attachment 3 and
recommended conditions of approval in Attachment 4.
5. 18-0891 Proposed Project:
SPECIAL DEVELOPMENT PERMIT: for the demolition of one
existing single family residence and the construction of five new
single family residences, and;
TENTATIVE MAP: to subdivide a 0.8-acre lot into five lots.
Location: 18771 East Homestead Road (APNs: 313-41-070 and
313-41-071)
File #: 2017-7816
Zoning: R-0/PD - Low Density Residential / Planned Development
Applicant / Owner: Dutchints Development, LLC (applicant) / 18771
Homestead Road, LLC (owner)
Environmental Review: Mitigated Negative Declaration
Project Planner: Momoko Ishijima, (408) 730-7532,
mishijima@sunnyvale.ca.gov
Recommendation: Alternative 1: Make the findings required by CEQA in
Attachment 3, adopt the Mitigated Negative Declaration, and
approve the Special Development Permit and Tentative Map
with the recommended findings in Attachment 3 and conditions
of approval in Attachment 4.
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Planning Commission Notice and Agenda - Final November 26, 2018
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
6. 18-1045 Potential Study Issue: Evaluate Increased Density or Addtional Units in
Single-Family Zoning Districts
7. 18-1044 Potential Study Issue: Promoting Workforce Housing for City Employees
8. 18-1043 Potential Study Issue: Incentivize Accessory Dwelling Units by
Reducing/Removing Development Standards
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
-Staff Comments
ADJOURNMENT
Notice to the Public:
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 Katherine Hall at (408) 730-7440.
Agendas and associated reports are also available at sunnyvaleca.legistar.com or
at the Sunnyvale Public Library, 665 W. Olive Ave., 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 on the City website.
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.
City of Sunnyvale Page 4 Printed on 11/21/2018
Planning Commission Notice and Agenda - Final November 26, 2018
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. (28 CFR 35.160 (b) (1))
City of Sunnyvale Page 5 Printed on 11/21/2018
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