Planning Commission

City of Sunnyvale Meeting Minutes - Final Planning Commission Monday, January 14, 2019 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 STUDY SESSION CANCELLED 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Chair Howard called the meeting to order at 7:00 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 Maria Hamilton, Sunnyvale resident, presented her concerns regarding the development at 669 and 673 Old San Francisco Road. CONSENT CALENDAR Commissioner Howe moved and Vice Chair Simons seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 1 Planning Commission Meeting Minutes - Final January 14, 2019 Yes: 7 - Commissioner Weiss Chair Howard Commissioner Howe Commissioner Olevson Vice Chair Simons Commissioner Rheaume Commissioner Harrison No: 0 1. A 18-1096 Approve Planning Commission Meeting Minutes of November 26, 2018 1. B 19-0022 Approve Planning Commission Meeting Minutes of December 10, 2018 1. C 19-0073 REQUEST FOR CONTINUANCE TO JANUARY 28, 2019 Proposed Project: Related applications on a 3.54-acre site: PEERY PARK PLAN REVIEW PERMIT AND TENTATIVE PARCEL MAP: to redevelop three sites into an office development consisting of a new 121,719 square foot, four-story office building with a 4.5-level parking structure and associated site work and landscaping. The project will result in 80% FAR. File #: 2018-7432 Location: 275 N Mathilda Ave (APN: 165-27-007 165-27-008 165-27-009) Applicant/Owner: Irvine Company Environmental Review: No additional review required as per CEQA Guidelines 15168(c)(2) and (4) - Peery Park Specific Plan Program Environmental Impact Report (EIR). Staff Contact: Margaret Netto, (408) 730-7628, mnetto@sunnyvale.ca.gov PUBLIC HEARINGS/GENERAL BUSINESS 2. 18-0724 Consideration of Useable Open Space in Required Front Yards: Forward a Recommendation to the City Council to Introduce an Ordinance to Amend Section 19.37.100 (Usable Open Space Design Requirements) of Chapter 19.37 (Landscaping, Irrigation and Useable Open Space) and Section 19.12.160 (“O”) of Chapter 19.12 (Definitions) of the Sunnyvale Municipal Code, and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3). (Study Issue) Associate Planner Kelly Cha presented the staff report. Vice Chair Simons asked staff if allowing up to 50% of the required front yard to City of Sunnyvale Page 2 Planning Commission Meeting Minutes - Final January 14, 2019 count toward the useable open space (UOS) requirement would limit the available space for large species trees. Associate Planner Cha explained that proposed projects would still have to meet the UOS dimensional requirements. Assistant Director Andrew Miner advised that changes to the UOS ordinance would not take precedence over the Planning Commission’s ability to add landscaping requirements. Vice Chair Simons asked staff about including a landscaping recommendation for the benefit of the neighborhood. Senior Assistant City Attorney Rebecca Moon advised that the ordinance could be modified to capture this intent. Vice Chair Simons provided additional background about his intended recommendation. Commissioner Olevson asked staff how the front yard would be practically divided to allow 50% to count towards the UOS. Assistant Director Miner stated that the UOS would have to be provided in the form of seating, a fenced area, or patios that would be available for use by the tenants or property owners. Assistant Director Miner stated that staff’s intention is not to just divide the proportion of the front yard in half and that UOS, not only open space, would be required. Commissioner Rheaume noted his concern regarding less potential landscaping space in the front yard and the impact on the sense of place and curb appeal. Commissioner Rheaume asked staff how site plans incorporate utilities. Assistant Director Miner stated that for most projects utilities are in the right-of-way and that the setback is greater than the sidewalk area to accommodate the utilities. Assistant Director Miner advised that utilities are handled as part of the Design Review process with oversight from the Department of Public Works (DPW). Commissioner Howe asked staff how the updated ordinance would impact the ability to include large species trees in the front yard. Assistant Director Miner advised that it would not have an effect because at maximum, 50% of the required front yard could count towards the UOS requirement and large species trees require strategic placement. Assistant Director Miner commented that if an applicant requested a deviation or variance for the front setback than per the staff recommendation UOS would not be a permitted use in the required front yard. Commissioner Howe commented on Palo Alto’s use of an Architectural Review Board and asked staff how that affects approvals for UOS. Commissioner Howe asked staff how landscaping would be handled at a staff level if the UOS changes are implemented. Assistant Director Miner commented that staff can’t speak to Palo Alto’s process but that there is no required landscaping for staff-level reviewed City of Sunnyvale Page 3 Planning Commission Meeting Minutes - Final January 14, 2019 single-family home so the staff level process should not be impacted by any UOS ordinance changes. Commissioner Harrison asked staff about the rationale for including the R-4 and R-5 zoning districts in the proposed draft ordinance. Assistant Director Miner advised that staff felt it was appropriate to address these zoning districts together and that UOS requirements apply to R-4 and R-5 developments. Assistant Director Miner commented on the increase in larger, higher density projects and the likelihood that UOS will increasingly become a factor in the development of these projects. Commissioner Harrison commented on the existing UOS minimum area requirement of 200 square feet and on the potential to have the UOS divided into unusable components. Assistant Director Miner stated that the goal is to provide UOS design flexibility to benefit future owners, tenants and the community with oversight from staff and Planning Commission to ensure appropriate development. Commissioner Harrison stated that this may complicate the process even though staff is trying to provide clear guidelines. Assistant Director Miner discussed the merits of the staff recommended approach and noted that the Planning Commission could leave the ordinance as it exists. Chair Howard opened the Public Hearing. There were no public speakers for this item. Chair Howard closed the Public Hearing. Vice Chair Simons asked staff if the Planning Commission can make a motion that includes a recommendation where the specific language will be developed by Planning staff and the Office of the City Attorney (OCA) before the item is heard by the City Council. Senior Assistant City Attorney Moon commented that the Planning Commission can recommend adoption of the ordinance subject to the addition of that language. MOTION: Vice Chair Simons moved and Commissioner Howe seconded the motion for Alternative 1 – Introduce an Ordinance to Amend Chapter 19.37 (Landscaping, Irrigation and Useable Open Space), including but not limited to (a) Medium, high and very high density multi-family residential zoning districts (R-3, R-4 and R-5), (b) Up to 50% of the required front yard may be counted toward the useable open space requirement, (c) Useable open space in the required front yard would not be City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final January 14, 2019 a permitted use for a project with a front yard setback deviation or Variance, and Section 19.12.160 (“O”) of Chapter 19.12 (Definitions) of the Sunnyvale Municipal Code (Attachment 3 to this report), and Find that the Action is Exempt from CEQA Pursuant to CEQA Guidelines Section 15061(b)(3) as it has no potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Vice Chair Simons included a recommendation with the motion that the updated ordinance should not negate the need for genetically significantly sized trees to be implemented as needed to ensure the provision of an appropriate sense of place, pedestrian shading and/or noise reduction. Vice Chair Simons commented that the scale of landscaping should be proportionate to the size of the development and that staff will develop the final wording for this recommendation. Commissioner Harrison stated that she will not be supporting the motion because it complicates the process and this change would add requirements to an uncommon problem. Commissioner Weiss stated that she will not be supporting the motion and would prefer to leave the ordinance as it exists. Commissioner Weiss commented that this is not a pressing issue and that a change to an ordinance should address the majority of instances. Commissioner Weiss requested that one spelling of useable be used in the staff report before the City Council hearing for this item. Vice Chair Simons commented on his understanding of the reasons not to support the motion but stated an opinion that over the long term the bigger issue would be an inadequate amount of landscaping for the density of development. Vice Chair Simons stated that this will be the first time a recommendation associates the scale of landscaping with the density of developments. Vice Chair Simons commented on the size of upcoming developments, the difficulty of procuring appropriately matched landscaping and the impact of landscaping on the look and feel of the City. Commissioner Rheaume noted his agreement that the recommended changes to the ordinance will complicate the process but stated that he will be supporting the motion. Commissioner Rheaume commented on the need for landscaping that is scaled to the size of developments and the increase of higher density, larger projects within the City. The motion carried by the following vote: City of Sunnyvale Page 5 Planning Commission Meeting Minutes - Final January 14, 2019 Yes: 5 - Chair Howard Commissioner Howe Commissioner Olevson Vice Chair Simons Commissioner Rheaume No: 2 - Commissioner Weiss Commissioner Harrison Assistant Director Miner stated that this item and Planning Commission recommendation goes to the City Council on February 26, 2019. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES Commissioner Weiss asked staff about changing Chapters Three and Four of the General Plan to utilize objective standards and be compliant with California’s Housing Accountability Act. Assistant Director Miner stated that staff is aware of this concern but that the General Plan is not as specific as the Zoning code or City guidelines. Assistant Director Miner advised that objective standards will be included for residential uses with the updated El Camino Real Corridor Specific Plan (ECR Plan) and that the Planning Commission will be able to see how staff addresses those standards when the ECR Plan is scheduled for a Planning Commission hearing. Commissioner Harrison asked staff about the most logical location for a City landscaping guideline, specifically with respect to trees, that outlines landscaping in proportion to the size of a development. Assistant Director Miner stated that this could be incorporated in the City’s Specific and Precise Plans and guidelines so that it is uniformly added to all relevant documentation. Commissioner Harrison proposed a study issue to analyze how to best incorporate a City guideline regarding proportionate landscaping. Assistant Director Miner stated that staff will return to the Planning Commission with a write up of a draft study issue. Commissioner Harrison asked staff about the withdrawal of the Design Review application at 1498 Norman Drive. Assistant Director Miner stated that staff is not certain about the applicant’s plans but that they may start over with a new application. NON-AGENDA ITEMS AND COMMENTS City of Sunnyvale Page 6 Planning Commission Meeting Minutes - Final January 14, 2019 -Commissioner Comments Commissioner Weiss presented information about an upcoming book talk on January 24th at Books Inc. in Mountain View regarding author Randy Shaw’s book – “Generation Priced Out: Who Gets to Live in the New Urban America”. Chair Howard shared information regarding the difference between the City’s traditional practice for friendly amendments and the Sturgis guide to parliamentary procedure. -Staff Comments Assistant Director Miner stated that the annual public hearing discussion of potential study and budget issues will be heard tomorrow night at the January 15, 2019 City Council meeting. ADJOURNMENT Chair Howard adjourned the meeting at 7:54 PM. City of Sunnyvale Page 7