Planning Commission
Regular MeetingSunnyvale, CA · June 16, 2020
Minutes
City of Sunnyvale
Meeting Minutes - Final
Planning Commission
Tuesday, June 16, 2020 7:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15
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 7:01 PM via teleconference.
ROLL CALL
Present: 7 - Chair Daniel Howard
Vice Chair David Simons
Commissioner Sue Harrison
Commissioner John Howe
Commissioner Ken Olevson
Commissioner Ken Rheaume
Commissioner Carol Weiss
ORAL COMMUNICATIONS
CONSENT CALENDAR
MOTION: Commissioner Howe moved and Commissioner Rheaume seconded the
motion to approve the Consent Calendar.
The motion carried by the following vote:
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Planning Commission Meeting Minutes - Final June 16, 2020
Yes: 7 - Chair Howard
Commissioner Howe
Commissioner Harrison
Commissioner Olevson
Commissioner Rheaume
Vice Chair Simons
Commissioner Weiss
No: 0
1.A 20-0611 Approve Planning Commission Meeting Minutes of May 26, 2020
1.B 20-0612 Approve Planning Commission Meeting Minutes of June 2, 2020
PUBLIC HEARINGS/GENERAL BUSINESS
2. 20-0610
CONTINUED FROM 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
Associate Planner Kelly Cha presented the staff report and noted a minor correction
to page 3 of Attachment 5 to read that there is a total of 80 parking spaces planned
with 20 surface parking spaces and 60 spaces in the parking structure.
Vice Chair Simons asked if pocket doors are planned for the guest rooms with
standard width doorways, if bicycles would be allowed in the guest rooms, and if
staff considered adding additional trees large at maturity to balance the landscaping
around the proposed project and create more shade. Associate Planner Cha
responded that the Commission may suggest modifications to the landscaping plan
regarding tree types and sizes.
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Planning Commission Meeting Minutes - Final June 16, 2020
Commissioner Howe asked how long the applicant would have to exercise the
building permit if approved considering the permit extension ordinance that the City
Council recently passed. Assistant Director Andrew Miner and Senior Assistant City
Attorney Rebecca Moon stated that the applicant would have up to five years to
exercise the permit as long as the permit was valid during the time the City is in a
state of emergency and the applicant filed the appropriate extensions.
Commissioner Harrison asked staff to comment on how the proposed project meets
the Bird Safe Building Design Guidelines. Associate Planner Cha stated that the
curtain wall would consist of tinted glass and railing separating the glass and the
site is no more than 300 feet away from the nearest body of water and not adjacent
to a landscaped area, park, or open space larger than one acre. Assistant Director
Miner added that the guidelines are relatively standard throughout the state and it is
difficult to determine thresholds of significance that would warrant environmental
review. Commissioner Harrison asked staff to address the public comment that
states that the reflection produced from moving between different planes of glass
does not meet the guidelines. Assistant Director Miner stated that staff determined
the proposed project meets the guidelines for reflectivity.
Commissioner Weiss discussed patterned glass for the two towers and less smooth
glass for the other windows as options to increase bird safety. She also stated
concern for birds considering the trees' close location to the building and asked staff
about other possible mitigation efforts. Assistant Director Miner stated that the trees
would be the standard minimum 10 feet away from the building and that the
applicant has minimized the amount of glass that would be near the trees, further
remarking that the Commission can recommend fritted glass or glass with lower
reflectivity. Commissioner Weiss asked about soundproofing as the hotel would be
near Highway 237. Associate Planner Cha stated that the proposed project would
need to comply with the California Code of Regulations and Assistant Director Miner
added that certain types of glass can reduce interior noise. Commissioner Weiss
asked if the storm drain design is adequate considering the site is in a floodplain.
Associate Planner Cha and Assistant Director Miner answered that the Departments
of Public Works and Environmental Services reviewed the proposed project and
staff recommended raising the floor plate by two and a half feet. Commissioner
Weiss asked who would have access to the roof garden and where the electric
vehicle parking spaces would be located. Associate Planner Cha responded that
the roof garden is for aesthetic purposes only and not accessible to anyone and that
the electric vehicle parking spaces are planned for the ground floor of the parking
structure. Commissioner Weiss asked if there is sufficient parking to accommodate
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Planning Commission Meeting Minutes - Final June 16, 2020
those visiting the meeting rooms. Associate Planner Cha stated that the applicant's
Parking Management Plan considers public transportation and ride sharing services
and Principal Planner Noren Caliva-Lepe responded that the 2,000-foot proposed
meeting space in minimal relative to other hotels.
Commissioner Olevson asked if the Commission has reviewed any other
commercial building car lifts. Assistant Director Miner stated that staff has seen car
lifts in a few office buildings and a hotel and that they are helpful with valet service
and in reducing surface area parking. Commissioner Olevson asked if the Parking
Management Plan has already been approved and if the Institute of Transportation
Engineers (ITE) data used in the analysis is valid. Associate Planner Cha, Assistant
Director Miner, and Principal Planner Caliva-Lepe answered that the Sunnyvale
Municipal Code (SMC) allows for different types of parking analyses including the
ITE standard, the language in the study referring to the validity of the ITE data is
typical, and the study also includes parking counts for comparable projects.
Commissioner Olevson questioned if the parking counts are based on enough data
collection and Principal Planner Caliva-Lepe stated that staff also considers the
approved parking rates for similar projects for past precedent. Commissioner
Olevson confirmed with Senior Assistant City Attorney Moon that in California
Environmental Quality Act terminology, the adopted Environmental Impact Report
(EIR) includes both the Draft EIR and Final EIR.
Chair Howard opened the Public Hearing.
David Burkett, Architect representing Red Inc Architects, presented images and
information about the proposed project.
Vice Chair Simons asked if guests can bring their bicycles into the hotel. Mr. Burkett
stated that there has been discussion about providing bicycle storage inside the
hotel with a check-in and check-out process. Vice Chair Simons confirmed with Mr.
Burkett that the planned bicycle storage is for employees and guests and stated his
concern for enough secure bicycle parking considering the high rate of hotel
industry employees that use bicycles and the widespread interest in secure parking.
Vice Chair Simons also confirmed with Mr. Burkett that the glass would be glazed
with a faint blue tint without texture or pattern and lighting would be used for the
entrance and for wayfinding throughout the site. Vice Chair Simons asked Mr.
Burkett if they are amenable to a possible requirement for more native species trees
large at maturity with a minimum height to balance the landscaping throughout the
property. Mr. Burkett agreed with a suggestion that trees that grow more vertically
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Planning Commission Meeting Minutes - Final June 16, 2020
would be better to avoid hazards or maintenance issues. Associate Planner Cha
added that the proposed project has eight bicycle parking spaces planned and the
SMC requires a minimum of four.
Commissioner Olevson asked how the building would respond during a power
outage or shut off considering that it is planned to be all electric. Mr. Burkett replied
that there would be an emergency generator that would supply enough energy for
the hotel to continue to operate.
Commissioner Weiss asked the applicant if it is possible to offer food for people who
arrive to the hotel later at night. Paul Williams, representative of Sunnyvale Holdings
LLC, answered that there would be a market inside the hotel available 24 hours a
day. Commissioner Weiss asked if the applicant has discussed possible
formaldehyde in the hotel's interior furnishings and if the planned ventilation system
would be adequate for outgassing. Peter MacDonald, Baywood Hotels attorney,
stated that the interior furnishings are controlled for formaldehyde and other Clean
Indoor Air Act implications.
Commissioner Rheaume asked the applicant the timeline for breaking ground and if
they considered converting the hotel into housing if the effects of the pandemic are
longer-lasting than anticipated. Mr. Williams stated that it would be 18 months to two
years before the hotel opens and that they plan to keep moving forward with the
hope that most of the pandemic's effects have passed by then. Mr. Williams
responded to Commissioner Rheaume's questions that their hotel properties are
succeeding more than expected, particularly the ones with extra amenities such as
kitchenettes.
Michael Lozeau, with Lozeau Drury LLP representing Laborers International Union
of North American Local Union 270, commented that the proposed project should
not be entitled to California Environmental Quality Act (CEQA) Section 15183
exemption because of indoor air quality and bird safety concerns.
Mr. MacDonald presented additional information about the proposed project.
Vice Chair Simons confirmed with Mr. Burkett that the bathroom doors in all guest
rooms would be swinging doors. He also confirmed with Mr. Burkett that they are
comfortable with a requirement to install a security camera in the bike storage area
for safety and to promote bicycle usage. Mr. Williams contributed that there would
be a security camera in that area as their practice and that in addition to outside
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Planning Commission Meeting Minutes - Final June 16, 2020
bicycle storage there would be the ability to store bicycles inside the hotel.
Commissioner Weiss asked if indoor air quality measurements are a requirement for
building occupancy. Mr. Burkett responded that the property would undergo a
CalGreen Commissioning process and testing as part of the Leadership in Energy
and Environmental Design Gold status.
Chair Howard closed the Public Hearing.
MOTION: Vice Chair Simons moved and Commission Howe seconded the 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 Use Permit based on the
findings in Attachment 3 and the following modified conditions of approval:
1. Install a security camera system to the bicycle parking area.
2. Revise page 3 of Attachment 5, CEQA Consistency with the Land Use and
Transportation Element (LUTE) EIR, to read that there will be a total of 80 parking
spaces, 20 surface parking spaces and 60 spaces in the parking structure.
3. Plant additional trees closer to the hotel that are vertical, genetically large, native
species and that grow to a minimum of 75 feet at maturity.
Vice Chair Simons recommended that staff review the glass to determine if textured,
patterned, or matte glass would be more appropriate for bird safety. Assistant
Director Miner stated that staff will review the proposed project during the building
permit phase to ensure it meets the Bird Safe Building Design Guidelines.
FRIENDLY AMENDMENT: Commissioner Howe proposed a friendly amendment to
specify that the applicant create a secure bicycle parking area for overnight guests,
visitors and staff. Vice Chair Simons accepted the friendly amendment.
Chair Howard asked if adding taller trees nearer the hotel would increase the
potential for bird strikes. Vice Chair Simons recognized the concern for bird safety
and stated that there are benefits to trees near buildings and that he is less
concerned about the potential for bird strikes because the birds would probably be
flying at a slower rate of speed if coming from a nearby tree. Chair Howard and Vice
Chair Simons discussed the possibility of specifying that the trees selected should
mitigate the potential for bird strikes. Assistant Director Miner stated that it is
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Planning Commission Meeting Minutes - Final June 16, 2020
appropriate to assume that all decisions regarding the proposed project must meet
the Bird Safe Building Design Guidelines.
Vice Chair Simons commended the applicant team for the design improvements
since the Study Session. He stated that he may not always support a lower parking
ratio than the recommended rate as more parking may be in demand because of
pandemic-related issues and suggested that staff consider the long-term impacts of
the pandemic on hotel patronage and parking. He explained that he supports
Commissioner Howe's friendly amendment because of the proposed project's lower
parking ratio and so that bicyclists have enough secure parking, adding that he is
comfortable with the tree selection with modifications which would provide a better
mix of trees on the site. He further remarked that he can making the findings and will
support the proposed project.
Commissioner Howe commented that he can make the findings and stated that the
hotel shuttle, the addition of the secure bicycle parking, and the location of the
bicycle lane next to the property would help alleviate any transportation issues
considering the lower parking ratio. He agreed with Vice Chair Simons that the
quality of the proposed project has improved since the Study Session and
recognized that the site's location next to the freeway makes the proposed project
difficult. He thanked Vice Chair Simons for accepting his friendly amendment and
stated that it is a good proposed project overall that he plans to support.
Commissioner Harrison stated that she will support the motion and can make the
findings. She appreciated the applicant for making architectural changes to the
design based on the Commission's Study Session comments and for presenting the
detailed renderings and videos that helped explain the proposed project. She also
appreciated the improved materials, particularly the lit handrails.
Commissioner Weiss stated that she will support the motion and can make the
findings and thanked the applicant for acting on direction from the Study Session.
She appreciated the applicant for the roof garden and for planning to preserve the
older trees on the site by meandering the path around them. She added that the
proposed project would be a good addition to the neighborhood and to the supply of
hotel rooms in Sunnyvale and encouraged the other Commissioners to support the
motion.
Commissioner Olevson stated that he will vote in favor of the proposed project and
can make the findings. He stated that he believes the proposed project would be an
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Planning Commission Meeting Minutes - Final June 16, 2020
attractive entrance to Sunnyvale on a major road when there are not many attractive
buildings south of Highway 237. He also wished the applicant success with the
proposed project.
Commissioner Rheaume stated that he will support the motion and thanked the
applicant for acting on the Commission's comments from the Study Session. He
stated his appreciation for the meandering path around the existing Redwood trees
and commented that he believes they balance the building's height and agreed with
Commissioner Harrison's observation about the helpfulness of the videos
presented.
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.
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
Vice Chair Simons reported his participation and experience as a representative to
the Arts Commission for the Civic Center Modernization Project.
-Staff Comments
Assistant Director Andrew Miner informed the Commission that staff presented an
update on the Lawrence Station Area Plan to the City Council at a Study Session on
June 9, 2020 and at the same meeting the City Council approved the permit
extension ordinance. He congratulated Chair Howard and Commissioner Howe on
their reappointments to the Commission for another term and thanked Vice Chair
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Planning Commission Meeting Minutes - Final June 16, 2020
Simons for his service on the Arts Commission to the Civic Center Modernization
Project.
ADJOURNMENT
Chair Howard adjourned the meeting at 9:01 PM.
City of Sunnyvale Page 9
Agenda
City of Sunnyvale
Notice and Agenda - Final
Planning Commission
Tuesday, June 16, 2020 7:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15
Special Meeting - Study Session - Canceled | Special Meeting - Public Hearing - 7:00 PM
SPECIAL TELECONFERENCE NOTICE
Because of the COVID-19 emergency and the “shelter in place” orders issued by
Santa Clara County and the State of California, the meeting of the Sunnyvale
Planning Commission on June 16, 2020, will take place by teleconference, as
allowed by Governor Gavin Newsom’s Executive Order N-29-20.
• Watch the Planning Commission meeting at
sunnyvaleca.legistar.com/calendar.aspx, https://youtu.be/nKskMCI3jp0 or on
Comcast Channel 15.
• Submit written comments to the Planning Commission up to 4 hours prior to the
meeting to planningcommission@sunnyvale.ca.gov or by mail to Sunnyvale
Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707.
• Teleconference participation: You may provide audio public comment by
connecting to the teleconference meeting online or by telephone. Use the Raise
Hand feature to request to speak (*9 on a telephone):
Meeting online link: https://sunnyvale-ca-gov.zoom.us/j/91827390357
Meeting call-in telephone number: 833-548-0276 | Meeting ID: 918 2739 0357
Pursuant to the Americans with Disabilities Act (ADA) and Executive Order
N-29-20, if you need special assistance to provide public comment, contact the
City at least 2 hours prior to the meeting in order for the City to make reasonable
alternative arrangements for you to communicate your comments. For other
special assistance, please contact the City at least 48 hours prior to the meeting to
enable the City to make reasonable arrangements to ensure accessibility to this
meeting. The Planning Division may be reached at 408-730-7440 or at
planning@sunnyvale.ca.gov (28 CFR 35.160 (b) (1)).
City of Sunnyvale Page 1 Printed on 6/11/2020
Planning Commission Notice and Agenda - Final June 16, 2020
STUDY SESSION CANCELED
7:00 PM PLANNING COMMISSION MEETING
CALL TO ORDER
Call to Order via teleconference.
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 refer to the Special Teleconference Notice at the
beginning of this agenda. Individuals are limited to one appearance during this
section.
CONSENT CALENDAR
All matters listed on the consent calendar are considered to be routine and will be
acted upon by one motion. There will be no separate discussion of these items. If
a member of the public would like a consent calendar item pulled and discussed
separately, please refer to the Special Teleconference Notice at the beginning of
this agenda.
1.A 20-0611 Approve Planning Commission Meeting Minutes of May 26, 2020
Recommendation: Approve Planning Commission Meeting Minutes of May 26,
2020 as submitted.
1.B 20-0612 Approve Planning Commission Meeting Minutes of June 2, 2020
Recommendation: Approve Planning Commission Meeting Minutes of June 2,
2020 as submitted.
PUBLIC HEARINGS/GENERAL BUSINESS
If you wish to speak to a public hearing/general business item, please refer to the
Special Teleconference Notice at the beginning of this agenda. Each speaker is
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Planning Commission Notice and Agenda - Final June 16, 2020
limited to a maximum of three minutes.
2. 20-0610
CONTINUED FROM 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
Recommendation: Alternative 1: Make the findings required to approve the CEQA
determination that the project is consistent with the City's
General Plan and no additional environmental review is
required as noted in the checklist in Attachment 5, and
approve the Use Permit based on the findings in Attachment 3,
and recommended conditions of approval in Attachment 4.
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
-Staff Comments
ADJOURNMENT
Notice to the Public:
Any agenda related writings or documents on this agenda distributed to members
of the Planning Commission are available by contacting the Planning Division at
planning@sunnyvale.ca.gov. Agendas and associated reports are also available at
sunnyvaleca.legistar.com/calendar.aspx 72 hours before the meeting.
Planning a presentation for a Planning Commission meeting? To help you prepare
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Planning Commission Notice and Agenda - Final June 16, 2020
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.
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 (ADA), if you need special
assistance in this meeting, please see the Special Teleconference Notice at the
beginning of this agenda.
City of Sunnyvale Page 4 Printed on 6/11/2020
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