Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, January 10, 2022 6:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 6:00 PM | Public Hearing - 7:00 PM Special Teleconference Notice Public Participation Accessibility/Americans with Disability Act (ADA) Notice 6 P.M. STUDY SESSION Call to Order Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on January 4, 2022. Vice Chair Pyne called the meeting to order at 6:00 PM. Roll Call Present: 5 - Chair Daniel Howard Vice Chair Martin Pyne Commissioner John Howe Commissioner Nathan Iglesias Commissioner Carol Weiss Absent: 2 - Commissioner Sue Harrison Commissioner Ken Rheaume Commissioner Harrison’s absence is excused. Commissioner Rheaume’s absence is unexcused. Study Session A. 22-0195 Objective Design Standards for Multi-Family Residential Development City of Sunnyvale Page 1 Planning Commission Meeting Minutes January 10, 2022 Adjourn Study Session 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on January 4, 2022. Chair Howard called the meeting to order at 7:02 PM. ROLL CALL Present: 6 - Chair Daniel Howard Vice Chair Martin Pyne Commissioner John Howe Commissioner Nathan Iglesias Commissioner Ken Rheaume Commissioner Carol Weiss Absent: 1 - Commissioner Sue Harrison Commissioner Harrison’s absence is excused. ORAL COMMUNICATIONS Zachary Kaufman, a Sunnyvale resident, called attention to a potential technical issue he noticed while the Study Session was being broadcasted on Comcast. He suggested making an adjustment before commencing the rest of the Planning Commission meeting. CONSENT CALENDAR MOTION: Vice Chair Pyne moved and Commissioner Weiss seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes January 10, 2022 Yes: 5 - Chair Howard Vice Chair Pyne Commissioner Iglesias Commissioner Rheaume Commissioner Weiss No: 0 Absent: 1 - Commissioner Harrison Abstained: 1 - Commissioner Howe 1. 22-0160 Approve Planning Commission Meeting Minutes of December 13, 2021 PUBLIC HEARINGS/GENERAL BUSINESS 2. 22-0164 Proposed Project: Related applications on a 0.17-acre site: DESIGN REVIEW to construct two new two-story, single-family homes (Lot A: 1,980 square feet and 54.9% FAR, and Lot B: 1,773.3 square feet and 49.2% FAR) with an overall floor area ratio (FAR) of 52%; USE PERMIT to allow reduced lot area and lot width for a small lot subdivision; and, TENTATIVE PARCEL MAP to subdivide one lot into two lots. Location: 664 West McKinley Avenue (APN: 165-12-057) File #: 2020-7440 Zoning: R-2 - Low Medium Density Residential Applicant / Owner: LEL Design, Inc. (applicant) / Rong Zeng (owner) Environmental Review: A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Momoko Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Senior Planner Momoko Ishijima presented the staff report with a slide presentation. Commissioner Weiss pointed out a discrepancy between what is written in the staff report versus what is written in Attachment 4 regarding the minimum GreenPoint Rated Checklist points required for this project to meet Sunnyvale’s Green Building standards. Senior Planner Ishijima confirmed that 90 GreenPoint Rated Checklist points should be listed. Commissioner Weiss asked why the street trees by the proposed project are going to be removed and replaced. Senior Planner Ishijima explained that this is due to a requirement from the City’s Public Works Department which involves the upgrade of City of Sunnyvale Page 3 Planning Commission Meeting Minutes January 10, 2022 sidewalks on Waverly Street and West McKinley Avenue and the planting of specific tree species. Commissioner Weiss and Senior Planner Ishijima then discussed plans by the City’s Public Works Department for improvements and designs for Waverly Street and West McKinley Avenue. Commissioner Rheaume voiced his concerns about the trash cans of the proposed project being screened from the public. Principal Planner Noren Caliva-Lepe advised him that it is a code requirement for trash bins to be stored behind screening, such as a fence, for single family residences. Commissioner Rheaume noted a difference in the two depictions in Attachment 5 of the driveway between the proposed project’s two lots. He expressed his desire to ensure that this area is landscaped rather than paved over. Vice Chair Pyne confirmed with Senior Planner Ishijima that the tree species to be planted on Waverly Street and West McKinley Avenue is the Arbutus Marina. This is delineated in Recommended Condition of Approval EP-26 in Attachment 4. Chair Howard opened the Public Hearing. Jason Wu, property owner, and Leo Li, architect, presented the project including additional images and information. Robert Ruiz, a Sunnyvale resident, presented a slide presentation during which he stated his overall support of the proposed project. He also shared his concerns about the driveway of Lot B impacting the vision triangle and the proposed project’s architectural style’s incompatibility with the surrounding neighborhood. Lastly, he proposed that the utilities for one or both lots of the proposed project be placed underground. Chair Howard closed the Public Hearing. Commissioner Howe confirmed with Senior Planner Ishijima that although the driveway of Lot B impacts the vision triangle, the existing property has a variance that allows for the entire driveway to be within the vision triangle. As such, the proposed project is an improvement to the situation that exists now since it does not completely block the vision triangle. Senior Planner Ishijima suggested the Planning Commissioners modify Attachment 4 to include a Condition of Approval to prevent the proposed project from blocking the vision triangle entirely. City of Sunnyvale Page 4 Planning Commission Meeting Minutes January 10, 2022 Senior Planner Ishijima advised Commissioner Rheaume of the process by which landscape plans are submitted, approved, and verified for completion. Commissioner Rheaume questioned whether the newly enacted state laws regarding design subjectivity have any bearing on the proposed project. Senior Assistant City Attorney Rebecca Moon advised that since the proposed project is considered a housing development project under the Housing Accountability Act and Senate Bill (SB) 330, only subjective guidelines and standards may be enforced and that there are no objective standards that may be enforced. MOTION: Commissioner Rheaume moved and Commissioner Howe seconded the motion to approve Alternative 2 – Approve the Use Permit, Design Review, and the Tentative Parcel Map with a modified condition. The modified Condition of Approval is as follows: 1.) Note that Recommended Condition of Approval PS-1 must be added and should read as follows: “REQUIRED REVISIONS TO PROJECT PLANS – The plans must be revised to address comments from the Planning Commission including the following: a) The applicant must work with staff to improve the corner vision triangle overlap at the driveway on Lot B if it does not impact landscaping between the driveways of Lot A and B.” FRIENDLY AMENDMENT: Vice Chair Pyne suggested a friendly amendment to modify Recommended Condition of Approval BP-11 to read as follows: “GREEN BUILDING: (MODIFIED BY PLANNING COMMISSION) – The plans submitted for building permits shall demonstrate the project achieves a minimum 90 points on the Green Point Rated checklist. Please refer to the following website: https://sunnyvale.ca.gov/business/environmental/building.htm [COA] [PLANNING/BUILDING].” Commissioner Rheaume and Commissioner Howe accepted the friendly amendment. Commissioner Rheaume stated that he can make the findings to support the motion and that, despite being different from the rest of the neighborhood, the proposed project possesses a quality design. Commissioner Howe thanked Commissioner Rheaume for including the first City of Sunnyvale Page 5 Planning Commission Meeting Minutes January 10, 2022 modified Condition of Approval in the motion and confirmed his support of the friendly amendment. He announced that he is happy to see another house built in Sunnyvale as housing is much needed. Vice Chair Pyne acknowledged the proposed project’s quality design. He also mentioned that he is pleased that the motion aims to address the impacted vision triangle issue and that Commissioner Rheaume considered the influence of newly enacted state laws regarding design subjectivity on the proposed project. Lastly, he urged his fellow Commissioners to support the motion. Commissioner Weiss voiced her support of the motion and commended the applicant for considering comments made by the Planning Commissioners and the public regarding the proposed project. She also highlighted the fact that the proposed project’s architecture features elements of upcoming design trends. Chair Howard spoke in favor of the motion as he can make the required findings to support it. He stated that while the architecture of the proposed project is not wholly consistent with the prevailing patterns of development in the immediate neighborhood, it is a good design that is consistent with the City at large. The motion carried by the following vote: Yes: 6 - Chair Howard Vice Chair Pyne Commissioner Howe Commissioner Iglesias Commissioner Rheaume Commissioner Weiss No: 0 Absent: 1 - Commissioner Harrison This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, January 25, 2022. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. INFORMATION ONLY REPORTS/ITEMS City of Sunnyvale Page 6 Planning Commission Meeting Minutes January 10, 2022 None. 3. 22-0161 Planning Commission Proposed Study Issues, Calendar Year: 2022 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Commissioner Howe confirmed with Principal Planner Caliva-Lepe that Commissioner Harrison’s absence is excused. He also welcomed Commissioner Iglesias to the Planning Commission. Commissioner Iglesias commended his fellow Commissioners for exercising good judgment when considering the fate of the motion for Agenda Item 2. He also shared his excitement at the potential of using more objective criteria when considering proposed projects. -Staff Comments Principal Planner Caliva-Lepe announced that on January 4, 2022, the City Council affirmed a resolution to continue virtual public meetings for the City Council and Boards, Commissions and Council subcommittees during the COVID-19 state of emergency. At the same meeting, the City Council also adopted an urgency interim ordinance amending Title 19 and introduced an ordinance amending Titles 18 and 19 and Title 13 of the Sunnyvale Municipal Code (SMC) related to SB 9 and found that the action is exempt from the California Environmental Quality Act. Principal Planner Caliva-Lepe reminded the Commissioners to contact Guia Sharma if interested in attending the Planning Commissioners Academy. Principal Planner Caliva-Lepe advised the Commissioners that staff is exploring options to send them staff presentations ahead of time as well as provide Planning Commission meeting packets on Wednesdays instead of Thursdays. Vice Chair Pyne informed others that the City Council also had a Study Session centered on the El Camino Real Specific Plan on January 4, 2022. He also requested a copy of the presentation on Objective Design Standards shown during the Planning Commission Study Session. ADJOURNMENT City of Sunnyvale Page 7 Planning Commission Meeting Minutes January 10, 2022 Chair Howard adjourned the meeting at 7:58 PM. City of Sunnyvale Page 8