Planning Commission

City of Sunnyvale Meeting Minutes - Final Planning Commission Monday, April 27, 2020 7:00 PM Telepresence Meeting: City Web Stream and KMVT Channel 15 Special Meeting - 7:00 PM SPECIAL TELECONFERENCE NOTICE 7:00 PM PLANNING COMMISSION MEETING CALL TO ORDER Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, the meeting was conducted telephonically. Chair Howard called the meeting to order at 7:00 PM via teleconference. ROLL CALL Present: 7 - Chair Daniel Howard Commissioner John Howe Commissioner Sue Harrison Commissioner Ken Olevson Commissioner Ken Rheaume Vice Chair David Simons Commissioner Carol Weiss Chair Howard, Vice Chair Simons and all Commissioners attended via teleconference. ORAL COMMUNICATIONS CONSENT CALENDAR MOTION: Vice Chair Simons moved and Commissioner Weiss 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 April 27, 2020 Yes: 6 - Chair Howard Commissioner Howe Commissioner Olevson Commissioner Rheaume Vice Chair Simons Commissioner Weiss No: 0 Abstained: 1 - Commissioner Harrison 1. 20-0499 Approve Planning Commission Meeting Minutes of February 24, 2020 PUBLIC HEARINGS/GENERAL BUSINESS 2. 20-0464 Proposed Project: SPECIAL DEVELOPMENT PERMIT to redevelop six City-owned parcels totaling 1.44 acres into a 90-unit affordable housing project (89 affordable units plus one manager unit). The project consists of four-story apartments along S. Mathilda Avenue and W. Iowa Avenue, two-story townhome style units along Charles Street, underground parking, and private amenity spaces on the ground floor. Location: 365 S. Mathilda Avenue and 402 Charles Street (APN: 135-13-045), 396 Charles Street (APN: 165-13-046), 397 S. Mathilda Avenue (APN: 165-13-068), 403 S. Mathilda Avenue (APN: 165-13-069), 406 Charles Street and 407 S. Mathilda Avenue (APN: 165-13-073), and 388 Charles Street, 365 and 377-9 S. Mathilda Avenue (APN: 165-13-074) File #: 2019-7269 Zoning: DSP-15 - Downtown Specific Plan Area Block 15 Applicant / Owner: The Related Companies of CA (applicant) / City of Sunnyvale (owner) Environmental Review: The project is consistent with the City’s General Plan and no additional environmental review is required pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15183 and Public Resources Code Section 21083.3. Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Senior Planner Momoko Ishijima presented the staff report and noted minor corrections to it and the Recommended Conditions of Approval. City of Sunnyvale Page 2 Planning Commission Meeting Minutes - Final April 27, 2020 Commissioner Harrison confirmed with Housing Officer Jenny Carloni and Assistant Director Andrew Miner that the development would be considered 100% affordable with units dedicated to different income brackets. Assistant Director Miner stated that the portions of units for each income bracket are not subject to the Commission's review and confirmed with Housing Officer Carloni that they are finalized with the Disposition and Development Agreement (DDA) and Affordable Rental Housing Agreement. Commissioner Harrison asked staff about solar shading specifics for the entire calendar year, what the plans are for the City-owned single-family home at 344 Charles Street that is currently vacant, and how the proposed project's design has changed since the Study Session. Principal Planner Noren Caliva-Lepe stated that properties within the Downtown Specific Plan are exempt from roof shading requirements and that 344 Charles Street is being renovated and will be rented out in the future. Assistant Director Miner stated that it would be better for the applicant to discuss the design updates since the Study Session. Vice Chair Simons stated that the street trees planned for Mathilda Avenue would be short compared to the building heights and lower performance for longevity and shade and asked about the options for modifying the tree selection. Assistant Director Miner stated that the Department of Public Works determines the street trees and that it is a possibility that the types of trees used would be the same as those in front of the old Denny's site. Vice Chair Simons expressed his concern with the lack of changes to the color palette since the Study Session on the Mathilda Avenue side. Assistant Director Miner responded that staff worked with the applicant based on the Commission's feedback from the Study Session and the applicant has presented what they believe is their best design. Commissioner Olevson asked what entity would own the units and overall property. Assistant Director Miner answered that the units would all be for rent and not individually owned. Housing Officer Carloni answered that the City is maintaining ownership of the land and The Related Companies of CA would own the structures. Commissioner Howe confirmed with Housing Officer Carloni that the City Council has approved the DDA and the allotment of units in each income bracket is established in it. Commissioner Howe asked if there are any balconies planned for the development and what changes have been made to the proposed project since the Study Session. Senior Planner Ishijima stated that there are no private balconies on the upper floors but there is a common platform that connects the two City of Sunnyvale Page 3 Planning Commission Meeting Minutes - Final April 27, 2020 apartment buildings. She explained that the eaves are now more pronounced on the Mathilda Avenue side, there have been subtle color changes, the articulations on the facades have been modified, and the planes have been broken up with changes to the sidings. Commissioner Weiss asked staff for images of the rears of the townhome-style units depicting the garages and private open space areas. Senior Planner Ishijima responded that the architect team does not have a drawing depicting that information but will be addressing it during their presentation. Commissioner Rheaume expressed his interest in the design quality because of the proposed project's location on Mathilda Avenue, a main thoroughfare, and requested that the applicant address the massing of the buildings on Mathilda Avenue and if larger windows on the second floor of the townhome-style units are possible. Chair Howard opened the Public Hearing. Simon Ha, representing Steinberg Hart, presented images and information about the proposed project. Commissioner Weiss asked Mr. Ha what the garages and private patios look like for the townhome-style units. Mr. Ha displayed an image that depicts the distance between the units and the main structure. For privacy, he stated that his team is exploring relocating the bedroom windows in those units so that they do not face each other, that the units would be 18 to 22 feet apart, and that the planned citrus trees would create more privacy for the patios. Mr. Ha added that the townhome-style units would use underground parking. Commissioner Weiss urged Mr. Ha to consider different colors for the roof projections instead of orange because it is reminiscent of certain commercial establishments. Mr. Ha responded that they attempted to select a color scheme that complements the neighborhood and showed images of other colors throughout the development, explaining that the orange color is the repeating theme. Vice Chair Simons stated that the brown and orange color combination is outdated and does not look good and asked Mr. Ha if they would consider a more timeless color scheme. He also asked how they can create more dimension to the outside walls of the buildings. Mr. Ha and Vice Chair Simons discussed options for showing the Commission the existing color palette and possible new color schemes. Mr. Ha City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final April 27, 2020 explained that there is articulation along the facades and that the current design creates consistency among the structures and along the different street frontages. Commissioner Harrison confirmed with Mr. Ha that a large, flat surface is more economical and energy efficient and asked him to display an image of the elevated walkway that connects the two apartment buildings. Mr. Ha showed an image of the proposed walkway and noted that it is intended to be inconspicuous with the use of translucent railing material and an open roof. Commissioner Rheaume stated that he dislikes the orange accent color and asked Mr. Ha why there are no roof overhangs on the taller buildings on Mathilda Avenue to help break up the massing. Mr. Ha responded that they explored many options and ultimately decided to use eaves on the Charles Street structures and sharper geometric shapes without overhangs for the structures on Mathilda Avenue. Commissioner Rheaume also asked Mr. Ha to comment on the window colors and the possibility of using double-hung windows and windows with more detail that could break up the massing. Mr. Ha displayed images and stated that a thin window trim would project out from the lap siding and that they would work to choose window frame colors that are complementary to the building colors, with the actual window colors depending on the type of glass chosen. Commissioner Howe confirmed with Mr. Ha that there is no planned rain water collection system and water would come down directly off of the roof overhangs. Chair Howard commented that the color palette is acceptable to him as Mathilda Avenue is a high-speed corridor. He agreed with the applicant that updating paint color is an easy change to make if needed later. He added that he is more concerned with the roof drainage system and noted that controversial architecture could be beneficial. Recording Secretary Bonnie Filipovic read the following oral comments received via email: Laura Healy, Sunnyvale resident, voiced her support for the proposed project as it is important for people like her sister, who have developmental disabilities. David Meyer, representing SV@Home, communicated his support for the proposed project and the many opportunities it would provide the developmentally disabled community. City of Sunnyvale Page 5 Planning Commission Meeting Minutes - Final April 27, 2020 Robert Ruiz, Sunnyvale resident, stated his overall support for the proposed project and ideas for improving the architecture. Shahrzad and Morteza Rahnemoon, Sunnyvale residents, spoke in support of the proposed project and the services and opportunities it would provide developmentally disabled people like their children. Nicole Pasini, Sunnyvale resident, expressed her support for the affordable housing, location, density and height aspects of the proposed project. Jan Stokley, representing Housing Choices, announced her organization's support for the proposed project along with that of the County of Santa Clara and Sunnyvale families. Gudmundur Pall Atlason voiced his concerns with a large affordable housing development located in downtown Sunnyvale. City Clerk David Carnahan played the following oral comments received via voicemail: Mark Ferrando and Jason Lopez, owners of the property next to the proposed project, voiced concerns about their privacy and the smell of garbage from the development. Steve Caroompas stated his interest in ample parking provided for the proposed project so that overflow parking does not take place on Charles Street. City Clerk David Carnahan read the following oral comment received via email: Richard Mehlinger, Chair of the Bicycle and Pedestrian Advisory Commission representing himself, expressed his support for the proposed project's affordable and supportive housing. Commissioner Howe requested that the applicant address the privacy and garbage concerns that Mark Ferrando and Jason Lopez raised. Commissioner Harrison requested that the applicant discuss alternatives to water sheeting directly off of the roof and how they arrived at the decision to use that City of Sunnyvale Page 6 Planning Commission Meeting Minutes - Final April 27, 2020 method. Mr. Ha presented additional images and information about the proposed project. Commissioner Harrison confirmed with Mr. Ha that they can study roof drainage on the building areas where there are none to mitigate potential safety concerns from water falling directly off of the overhangs. Vice Chair Simons displayed an image of a board and batten structure with asymmetrical window mullions as an example of a window style that might complement the board and batten structures within the development. Vice Chair Simons asked Mr. Ha if they would be amenable to a condition that requires a different color palette based on color samples provided. Mr. Ha acknowledged that they can explore more natural colors. Vice Chair Simons confirmed with Mr. Ha that they would also be agreeable to a condition that states that the roof drainage must not impact pedestrians on the sidewalks. Commissioner Harrison asked if there is a designated area for rideshare pick up. Mr. Ha answered that rideshare pick up would need to take place in a loading zone or using sidewalk parking with the current design and that they can research other possibilities on site. Chair Howard asked Mr. Ha where moving trucks would load and unload. Mr. Ha responded that loading trucks could enter the underground garage. Andrew Schorfhaar with The Related Companies of CA added that there would be an area along Charles Street and an inlet area in the driveway where the trash would be where ridesharing and moving could take place. Chair Howard closed the Public Hearing. Commissioner Howe confirmed with Senior Assistant City Attorney Rebecca Moon that it is possible to address paint color with a separate motion. Senior Assistant City Attorney Moon added that color is not an objective standard and that it may be appropriate for a condition to require the staff and applicant to work together to finalize the color palette. Assistant Director Miner advised Commissioner Howe to give specific direction when asking for assistance with drafting language for a potential condition. MOTION: Commissioner Howe moved and Commissioner Weiss seconded the City of Sunnyvale Page 7 Planning Commission Meeting Minutes - Final April 27, 2020 motion for Alternative 2 - Make the findings required to approve the CEQA determination that the project is consistent with the Land Use and Transportation Element (LUTE) of the City's General Plan and no additional environmental review is required as noted in the checklist in Attachment 5, and approve the Special Development Permit based on the findings in Attachment 3 with the following modified conditions of approval as approved by staff: 1. Accept the following changes to the staff report as noted in the staff presentation: a. Assessor Parcel Number (APN) for 365 S. Mathilda Avenue and 402 Charles Street should be APN 165-13-045. b. The CEQA Government Code Section in Environmental Review should reference Section 15183. c. Moderate income should be recognized as 100% area median income. 2. Accept the revisions to Recommended Conditions of Approval GC-8 and BP-26 as corrected during the staff presentation to read as follows: GC-8 Affordable Rental Housing Restriction Eighty-nine (89) residential units within the development shall remain rental units affordable to and occupied by, or made available for occupancy by extremely low, very low, low and moderate income households for a period of at least 55 years. Units shall be dispersed throughout the complex, with precise locations to be identified in the Affordable Rental Housing Agreement to be recorded prior to Building Permit issuance. [COA] [HOUSING] BP-26(g) Construction Management Plan Queuing of construction vehicles is not allowed on the public streets. The Director of Public Works, at the Director’s discretion, may allow queuing on public streets with an approved traffic control plan which adequately provides safety measures. 3. Modify windows along the north side to address privacy concerns for adjacent properties by adjusting window heights, opaqueness, or other means. 4. Modify Recommended Condition of Approval AT-2 to read as follows: AT-2 Recycling and Solid Waste All exterior recycling and solid waste shall be confined to approved receptacles and enclosures and must comply with the approved Solid Waste Disposal and Recycling City of Sunnyvale Page 8 Planning Commission Meeting Minutes - Final April 27, 2020 Design Plan. [COA] [PLANNING] 5. Install proper drainage systems so that rainwater does not fall directly on to the public sidewalk from the building, roof, and roof projections. 6. Designate an area for tenant move-in and passenger pick-up for ride hailing, ride sharing and paratransit services. FRIENDLY AMENDMENT: Vice Chair Simons offered a friendly amendment to specify that staff and the applicant work together to finalize a paint color scheme for the development based on Commission comments, with explicit direction that the dark brown and orange color combination as depicted in the renderings should not be used, subject to staff review and approval. FRIENDLY AMENDMENT: Commissioner Weiss seconded the motion and offered a friendly amendment to specify that the last sentence of Recommended Condition of Approval GC-9 be modified to replace the word "may" with "shall" to read as follows: The Director shall require the onsite TDM Coordinator to send to the City annual confirmation that bicycle facilities, wayfinding station, TDM coordination and communication, transit passes, bicycle and car share are provided to residents. [SDR] [PLANNING] Commissioner Howe accepted Commissioner Weiss's friendly amendment. Commissioner Weiss agreed with Vice Chair Simons's suggested color pairings of blues and greens. Assistant Director Miner confirmed with Chair Howard that Commissioner Howe moved and Commissioner Weiss seconded the motion. Chair Howard summarized Vice Chair Simons's friendly amendment as directing staff and the applicant to work together to select a different color combination with instruction not to use the current dark brown and orange pairing. Commissioner Howe and Commissioner Weiss accepted Vice Chair Simons's friendly amendment. FRIENDLY AMENDMENT: Commissioner Harrison offered a friendly amendment for staff and the applicant to work together to modify the window mullion patterns to be City of Sunnyvale Page 9 Planning Commission Meeting Minutes - Final April 27, 2020 more modern (possibly asymmetrical patterns). Commissioner Howe and Commissioner Weiss accepted the friendly amendment. Commissioner Harrison suggested that the orange accent color be replaced by a mustard color. Commissioner Howe and Commissioner Weiss accepted Commissioner Harrison's friendly amendment. FRIENDLY AMENDMENT: Vice Chair Simons offered a friendly amendment to specify that staff work with the City Arborist on street tree selection to determine if trees that achieve a minimum height of 50 feet are appropriate for this location. Commissioner Howe and Commissioner Weiss accepted the friendly amendment. Commissioner Howe stated that it is beneficial to inform the Department of Public Works early with the Commission's input on tree selection. Commissioner Howe stated that the motion and friendly amendments should not be interpreted as discouraging the proposed project from moving forward as it is needed in the city. He added that the financial aspect of the proposed project has been particularly well-handled with the Commission's proposed modifications would improve the development. Commissioner Howe urged the Commissioners to support the motion. Commissioner Weiss stated that she can make the findings that the proposed project is consistent with the Land Use and Transportation Element of the General Plan and that it meets the General Plan's goal of providing equal housing opportunities and the Downtown Specific Plan's goal of protecting and enhancing existing neighborhoods. She also acknowledged that the proposed project aims to achieve 120 points with the Building It Green program and commended the applicant for their outreach efforts to the neighboring community and the attention to architectural detail which she believes allows the proposed project to blend in with the neighborhood. She further noted her particular appreciation with the proposed project's dedication to serving the intellectually and developmentally disabled in the community and expressed her wish for it to move quickly through the process. Commissioner Rheaume acknowledged the need for the type of housing the proposed project would provide, particularly the low income housing. He stated his disappointment with the design which in his opinion feels institutionalized and not a City of Sunnyvale Page 10 Planning Commission Meeting Minutes - Final April 27, 2020 quality, timeless design fitting for downtown. He remarked that the Commission proposed good changes to the proposed project, the housing need is great, and he will support the motion. Commissioner Harrison voiced that she will support the motion. She stated her appreciation for the extra public open space the proposed project would provide, the housing that would be made available to low income renters and those with developmental disabilities, and Mr. Ha's presentation about the design process. Commissioner Olevson stated that he will support the motion and can make all the findings. He expressed that he shares Commissioner Rheaume's reservations about the final design which he believes is incomplete as presented and commented that the resulting four-story single plane facade on Mathilda Avenue could have been avoided if the comments at the Study Session were addressed. He acknowledged that the proposed project should not be delayed and that the housing units are needed and urged the Commissioners to also support the motion. Vice Chair Simons stated that he can make the findings and recognized that the proposed project is important. He stated his disappointment that many of the proposed project's details had not been finalized and stressed the importance of better architecture more suitable for downtown and Mathilda Avenue. He further remarked that more architectural details and minor changes could have significantly improved the proposed project and that he prefers not to rely on staff to ensure that improvements are made. He stated that he will not support the motion. Commissioner Rheaume stated that he will not support the motion and recommended that the colors chosen be timeless and not trendy. The motion carried by the following vote: Yes: 4 - Chair Howard Commissioner Howe Commissioner Harrison Commissioner Olevson No: 2 - Commissioner Rheaume Vice Chair Simons Abstained: 1 - Commissioner Weiss City of Sunnyvale Page 11 Planning Commission Meeting Minutes - Final April 27, 2020 Commissioner Howe confirmed with Senior Assistant City Attorney Moon that the Commission can take another vote later on to give Commissioner Weiss the opportunity to vote either yes or no. Assistant Director Miner stated that this decision is final unless appealed or called up for review by the City Council within 15 days. MOTION: The Commissioners unanimously agreed by general consensus to conduct a re-vote to allow Commissioner Weiss to vote either yes or no. The motion carried by the following vote: Yes: 5 - Chair Howard Commissioner Howe Commissioner Harrison Commissioner Olevson Commissioner Weiss No: 2 - Commissioner Rheaume Vice Chair Simons Chair Howard stated that this decision is final unless appealed or called up for review by the City Council within 15 days. 3. 20-0394 Proposed Project: DESIGN REVIEW to allow a 413 square foot second floor addition to an existing two-story single-family home, resulting in 3,448 square feet (2,584 square foot living area, 454 square foot garage, 176 square foot unconditioned sunroom, and 234 square foot covered patio) and 55% floor area ratio (FAR). Location: 867 Russet Drive (201-26-037) File #: 2019-7493 Zoning: R-0 (Low Density Residential) Applicant / Owner: Megan Miner Design (applicant) / Kevin and Elizabeth F. Chen Trustee (owner) Environmental Review: A Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Teresa Zarrin, (408) 730-7429, tzarrin@sunnyvale.ca.gov Associate Planner Teresa Zarrin presented the staff report. City of Sunnyvale Page 12 Planning Commission Meeting Minutes - Final April 27, 2020 Commissioner Weiss asked staff why the 35% second-story to first-story ratio design guideline is not applicable. Associate Planner Zarrin stated that that design standard is applied only when the proposed project is in a predominantly one-story neighborhood. Commissioner Weiss asked if there is an upper limit to the ratio. Associate Planner Zarrin responded that it is discretionary as part of the design review and added that the proposed second-story to first-story ratio is 70% including the patio. Commissioner Olevson asked staff why the patio is unpermitted. Associate Planner Zarrin stated that the homeowners purchased the home with the unpermitted patio and they plan to obtain Planning and Building Division permits for it simultaneously alongside the proposed project. Commissioner Olevson confirmed with Associate Planner Zarrin that the patio requires a permit because it is covered and therefore considered a structure. Chair Howard opened the Public Hearing. Michelle Miner, representing Megan Miner Design, and Kevin Chen, homeowner, presented information about the proposed project. Chair Howard closed the Public Hearing. MOTION: Commissioner Harrison moved and Commissioner Weiss seconded the motion for Alternative 1 - Approve the Design Review with the Conditions of Approval in Attachment 4. Commissioner Harrison stated her appreciation for the goal of fixing the safety issue with the steepness of the existing stairs, the design of which blends in with the neighborhood but improves upon the prevailing style of the second stories in that neighborhood. Commissioner Weiss stated that she can make the findings and recognized that there are no deviations, adding that the proposed project meets the single-family home design techniques guidelines and is compatible with the other homes in the neighborhood. She expressed that the proposed project is a well-planned design and that the homeowners should be commended for reaching out to the neighbors about their design. She urged the Commissioners to support the motion. Commissioner Rheaume stated that he will support the motion and can make the City of Sunnyvale Page 13 Planning Commission Meeting Minutes - Final April 27, 2020 findings. He agreed with Commissioner Harrison that the second story design is well done and expressed that it is better than the original design. He encouraged the Commissioners to also support the motion. Commissioner Olevson stated that he will support the motion and that it is commendable that the homeowners are striving to bring their home up to code. He added that he likes the design and the setback of the second story that does not extend all the way to the front of the garage and requested that the rest of the Commission also support the proposed project. Chair Howard stated that he will support the motion and appreciated the homeowners' efforts to make their home safer. The motion carried by the following vote: Yes: 7 - Chair Howard Commissioner Howe Commissioner Harrison Commissioner Olevson Commissioner Rheaume Vice Chair Simons Commissioner Weiss No: 0 Assistant Director Miner stated that this decision is final unless appealed or called up for review by the City Council within 15 days. He announced Associate Planner Zarrin's upcoming retirement from her current position with the City and that she will be returning to work in a part-time role. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments -Staff Comments Assistant Director Andrew Miner congratulated the Commissioners on completing the first online meeting. He announced that there are two vacancies for Commissioner Howe and Chair Howard's seats and that they are eligible to re-apply. He added that they and members of the public can apply by completing City of Sunnyvale Page 14 Planning Commission Meeting Minutes - Final April 27, 2020 the application located on the City's website and returning it to the City Clerk's office by 5:00 PM on April 30, 2020, with interviews and appointments taking place in mid-May 2020. He further remarked that the Planning Division is accepting and processing applications electronically to assist the public during this time. ADJOURNMENT Chair Howard adjourned the meeting at 10:11 PM. City of Sunnyvale Page 15