Planning Commission

City of Sunnyvale Meeting Minutes - Final Planning Commission Monday, May 11, 2020 7:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting - Study Session - Canceled | Special Meeting - Public Hearing - 7:00 PM SPECIAL TELECONFERENCE NOTICE STUDY SESSION CANCELED 7:00 PM PLANNING COMMISSION MEETING CALL TO ORDER Chair Howard called the meeting to order at 7:02 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 the Commissioners participated via teleconference. ORAL COMMUNICATIONS CONSENT CALENDAR MOTION: Commissioner Howe moved and Vice Chair Simons seconded the motion to approve the Consent Calendar with the following modification to Agenda Item 1.A: 1. Revise Vice Chair Simons's friendly amendment for Agenda Item 2 from stating that the orange accent color be changed to state that the orange and brown color combination should not be used. City of Sunnyvale Page 1 Planning Commission Meeting Minutes - Final May 11, 2020 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 1.A 20-0511 Approve Planning Commission Meeting Minutes of April 27, 2020 1.B 20-0521 REQUEST FOR CONTINUANCE TO JUNE 2, 2020 Proposed Project: USE PERMIT for a new six-story hotel with 128 rooms. Location: 1296 Lawrence Station Road (APN: 104-33-012) File #: 2017-8060 Zoning: Industrial and Service (M-S) Applicant / Owner: Baywood Hotels (applicant) / Sunnyvale Holdings LLC (owner) Environmental Review: 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 pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3. Project Planner: Kelly Cha, (408) 730-7408, kcha@sunnyvale.ca.gov Continue to the Special Planning Commission hearing date of June 2, 2020. PUBLIC HEARINGS/GENERAL BUSINESS 2. 20-0436 Recommend that the City Council Introduce an Uncodified Ordinance to Authorize One-Year Extensions of Land Use Entitlements and Legal Non-Conforming Uses Due to the COVID-19 Emergency, and Find that the Action is Exempt from the California Environmental Quality Act Assistant Director Andrew Miner presented the staff report. Commissioner Weiss asked for clarification about when the permit extension would begin. Senior Assistant City Attorney Rebecca Moon answered that the one year extension would begin when the permit would normally expire and not from the effective date of the ordinance. Assistant Director Miner added that staff can clarify City of Sunnyvale Page 2 Planning Commission Meeting Minutes - Final May 11, 2020 the City Council staff report. Commissioner Harrison asked if staff has received notification about any projects negatively affected by their permit expirations. Assistant Director Miner responded that staff is not aware of any and the proposed ordinance is an effort to prevent any issues for permit holders. Vice Chair Simons asked staff if a similar ordinance in the late 2000s helped a significant number of projects. Assistant Director Miner stated that it benefitted some smaller projects and that this ordinance is different because it would apply to all permit types and could benefit a wider range of permit holders. Commissioner Howe added that the ordinance in the late 2000s excluded some permit types which resulted in the City Council individually considering extending permits for some projects. He further remarked that this ordinance is the right thing to do so that projects that have already received approval but are possibly experiencing delays for various reasons as a result of the COVID-19 emergency do not experience further delays. Chair Howard opened the Public Hearing. There were no public speakers for this agenda item. Chair Howard closed the Public Hearing. MOTION: Commissioner Howe moved and Vice Chair Simons seconded the motion for Alternative 1 - Introduce an Uncodified Ordinance to Authorize One-Year Extensions of Land Use Entitlements and Legal Non-Conforming Uses Due to the COVID-19 Emergency (Attachment 1 to the report), and Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) with the following modification: 1. Clarify that the permit extension starts from the expiration date of each planning permit and not from the effective date of the ordinance. Commissioner Howe stated that it is in the City's interest to support this ordinance in these uncertain economic times and the ordinance is well written and can be improved by clarifying when the permit extension would begin. He encouraged the Commissioners to support the motion. City of Sunnyvale Page 3 Planning Commission Meeting Minutes - Final May 11, 2020 Vice Chair Simons stated that he fully supports the ordinance and that it is a good idea to help projects that might encounter this issue in the future. 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 Chair Howard stated that this recommendation will be forwarded to the City Council for consideration at the Tuesday, June 9, 2020 meeting. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments -Staff Comments Assistant Director Andrew Miner stated that the City Council will consider the Google Caribbean proposed project on May 12, 2020 and that staff introduced the City Council to the transition from the Level of Service model to the Vehicle Miles Traveled model at a Study Session on April 7, 2020 which the Commission will tentatively consider on June 22, 2020. Additionally, the City Council will interview applicants for board and commission vacancies on May 13, 2020 and May 26, 2020 with appointments taking place on June 9, 2020. Assistant Director Miner further remarked that the Planning Division is still processing a large number of applications and will start using new software to complete plan checks electronically. He also encouraged the Commissioners to inform staff if they are interested in participating in the virtual California American Planning Association conference. Commissioner Rheaume asked when the Google Caribbean proposed project plans to begin construction. Assistant Director Miner stated that Google has not informed City of Sunnyvale Page 4 Planning Commission Meeting Minutes - Final May 11, 2020 staff of their intended construction timeline. Vice Chair Simons stated that the ethics training course he participated in is better than the ones law firms often conduct because there was more emphasis on ethics. Commissioner Harrison asked when other City departments will re-open. Assistant Director Miner stated that the City is waiting for more direction from Santa Clara County and re-opening will most likely take place in phases. Commissioner Harrison also asked if all projects in Peery Park have been entitled. Assistant Director Miner stated that most projects in that area have been approved and are under construction but that it is difficult to predict the future of the area given the current economic situation. She confirmed with Assistant Director Miner that staff will inform the Commission of any projects that have stalled for any reason. Commissioner Rheaume, Chair Howard, and Assistant Director Miner discussed how office space, neighborhoods, public transportation and active transportation might change after the COVID-19 emergency. Assistant Director Miner stated that staff will begin recording public outreach meetings and mailing notices to nearby owners and residents about them to encourage people to watch and submit their feedback. Vice Chair Simons stated that Google is using some of the best architects in the world and that some of the buildings it is producing look alike. Assistant Director Miner stated that he expects that as a result of COVID-19, some projects may scale back certain aspects of their design for financial reasons and that staff will present important and significant changes to the Commission. Commissioner Olevson commented on the company town concept as developers build housing and office space in close proximity. Assistant Director Miner stated that staff is aware of the dangers of that concept and continue to work to ensure that it does not happen. Commissioner Rheaume confirmed with Assistant Director Miner that staff will notify the Commission of any projects that have proposed a significant reduction in the quality of their design and materials. ADJOURNMENT Chair Howard adjourned the meeting at 7:44 PM. City of Sunnyvale Page 5