Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, January 24, 2022 7:00 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - Canceled | Public Hearing - 7:00 PM STUDY SESSION CANCELED 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 7:00 PM. ROLL CALL Present: 7 - Chair Daniel Howard Vice Chair Martin Pyne Commissioner Sue Harrison Commissioner John Howe Commissioner Nathan Iglesias Commissioner Ken Rheaume Commissioner Carol Weiss ORAL COMMUNICATIONS None. CONSENT CALENDAR Commissioner Howe noted that, in the meeting minutes for the Planning Commission meeting that took place on January 10, 2022, Commissioner Harrison’s absence during the Study Session is marked as excused whereas Commissioner Rheaume’s absence is marked as unexcused. He then requested clarification on the difference between an excused and an unexcused absence. Administrative Aide Guia Sharma explained that Commissioner Harrison’s absence was made known to her prior to the meeting whereas Commissioner Rheaume’s absence was not. When City of Sunnyvale Page 1 Planning Commission Meeting Minutes January 24, 2022 asked by Commissioner Howe why he did not attend the Study Session of the Planning Commission meeting that took place on January 10, 2022, Commissioner Rheaume answered that he misread the meeting agenda and was unaware that there was going to be a Study Session on that date. MOTION: Commissioner Howe moved and Vice Chair Pyne seconded the motion to approve the Consent Calendar. The motion carried by the following vote: Yes: 6 - Chair Howard Vice Chair Pyne Commissioner Howe Commissioner Iglesias Commissioner Rheaume Commissioner Weiss No: 0 Abstained: 1 - Commissioner Harrison 1. 22-0240 Approve Planning Commission Meeting Minutes of January 10, 2022 PUBLIC HEARINGS/GENERAL BUSINESS 2. 22-0215 Proposed Project: Appeal of a decision by the Director of Community Development denying a Tree Removal Permit for one Redwood tree adjacent to unit 49. Location: 999 West Evelyn Terrace, Sunnyvale, CA 94086 (APN: 213-51-001) File #: 2021-7873 Zoning: R-3 Applicant / Owner: Nicholas Nociforo (applicant) / Brenda McDowell (owner) Environmental Review: A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act provisions and City Guidelines Project Planner: Shila Bagley, (408) 730-7418, sbagley@sunnyvale.ca.gov Associate Planner Shila Bagley presented the staff report with a slide presentation. Commissioner Rheaume confirmed with Associate Planner Bagley that a Plumber’s Report was sent by the property owner to Commissioner Weiss earlier that day and that the report included alternatives to removing the redwood tree. Associate City of Sunnyvale Page 2 Planning Commission Meeting Minutes January 24, 2022 Planner Bagley advised that these alternatives would entail substantial construction within the unit to access the sewer system. Vice Chair Pyne asked whether staff had a response for concerns mentioned in Attachment 6 regarding the redwood tree’s structural integrity being compromised if its roots were to be pruned. Associate Planner Bagley responded that, according to City Arborist Joe Gonsalves, pruning the tree’s roots is a viable option that may be done without damage the tree. Chair Howard opened the Public Hearing. Nicholas Nociforo (certified arborist), Brenda McDowell (appellant and homeowner of unit 49), and Mariam Poklong (Community Manager) presented information about the proposed project. Commissioner Rheaume verified that the homeowner’s association (HOA) is responsible for costs incurred by repairing sewer system damage caused by the redwood tree’s roots or the tree removal itself. He asked whether the HOA would plant several trees if the Planning Commission granted the appeal and approved a Tree Removal Permit. Ms. Poklong responded that the HOA may be receptive to this if the newly planted trees were ones that would not cause further issues for any of the units. Commissioner Howe confirmed with Associate Planner Bagley that if the Planning Commission grants the appeal and approves a Tree Removal Permit, Recommended Condition of Approval DC-1 stipulates that three replacement trees, at a minimum of 24-inch medium box each, shall be planted. Commissioner Howe asked about when visual damage to the redwood tree would be observed if pruning the roots of the tree were to potentially cause harm to the tree. Mr. Nociforo answered that this damage would likely be observed between the months of August and October of 2022. Commissioner Harrison questioned whether Mr. Nociforo could identify locations on the property for three trees that would become much larger over time and offer large carbon capture, ample shading, and water and soil retention. Mr. Nociforo confirmed that the property possesses optimal locations for such trees to be planted where they will not be disturbed by the built environment. He also specified the trees he has considered to take the place of the redwood tree if it is removed: Coast Live City of Sunnyvale Page 3 Planning Commission Meeting Minutes January 24, 2022 Oak, Atlas Cedar, and Valley Oak. Commissioner Harrison engaged in a discussion with Mr. Nociforo and City Arborist Gonsalves about the possible age of the redwood tree as well as the general lifespan of redwood trees. Commissioner Harrison questioned whether City Arborist Gonsalves agrees with the tree species mentioned by Mr. Nociforo to replace the redwood tree if the Planning Commission grants the appeal and approves a Tree Removal Permit. City Arborist Gonsalves responded that while the Valley Oak tree species would thrive on the property, the Coast Live Oak species may not. He also cautioned that the root systems of the Atlas Cedar tree species mirror that of redwood trees. Commissioner Harrison confirmed that City Arborist Gonsalves conducted a root probe and inspected the redwood tree in person. City Arborist Gonsalves stated that the roots of a redwood tree can penetrate pipes of a sewer system only if there are cracks in the sewer system which could cause a leak. He inquired about whether the pipes were inspected for damage and, if any was found, whether it was addressed. Commissioner Harrison confirmed with Ms. Poklong that the redwood tree’s roots have been inspected for pruning consideration. Ms. Poklong disclosed her concern that pruning the tree’s roots would jeopardize the tree’s stability and that the sewer cleanout of unit 49 is located beneath the redwood tree. Commissioner Weiss requested clarification on repair options described in the Proposal and Contract submitted by Rick Bales, plumber at Consolidated Plumbing, Inc. Since Mr. Bales was not in attendance during the meeting, Chair Howard and City Arborist Gonsalves responded to Commissioner Weiss’ inquiry. Commissioner Weiss asked Ms. Poklong whether other units experienced sewer system issues similar to that experienced by unit 49. Ms. Poklong stated that in the time she has served as the property’s Community Manager, only unit 49 has experienced such extreme issues. Commissioner Weiss deduced that if the condominium complex was constructed in 1976, and the trees on the property were planted at that time, the redwood tree may be less than fifty years old. City of Sunnyvale Page 4 Planning Commission Meeting Minutes January 24, 2022 Commissioner Weiss discussed with Ms. Poklong the possibility that that the sewer pipes within the complex are made of substandard materials that may be causing them to gradually fail over time. Commissioner Weiss received affirmation from Ms. Poklong that if the Planning Commission grants the appeal and approves a Tree Removal Permit, the property’s Board members will comply with any direction or next steps outlined by the City. Commissioner Weiss deliberated upon variations of motions that the Planning Commissioners could propose for Public Hearing Agenda Item 2, and Commissioner Howe suggested the consideration of continuing this item to a date certain or uncertain to allow the applicant additional time to address the sewer system issues before removing the tree. Principal Planner Shaunn Mendrin agreed with Commissioner Howe’s suggestion. At Commissioner Iglesias’ request, Ms. Poklong provided an approximate cost comparison completed for removing the tree versus keeping it and working around it to perform sewer system repairs. Ms. Poklong expressed concerns by the HOA that additional costs may be incurred if the tree is not removed, and other repairs are needed following the sewer system’s initial repairs. When prompted by Commissioner Iglesias, City Arborist Gonsalves elaborated upon his experience with saving trees while simultaneously addressing sewer system issues that arise due to the tree roots’ obstruction or interference with sewer pipes. City Arborist Gonsalves also confirmed that there have been instances where he has recommended tree removal if saving it was not a viable option. Chair Howard provided an account of his personal experience with foregoing tree removal by choosing to have sewer repairs performed. In response to questions posed by Chair Howard, City Arborist Gonsalves answered that the best to time to prune a redwood tree is during winter, and Associate Planner Bagley advised of the cost of a Tree Removal Permit. Commissioner Rheaume discussed the outcome if the redwood tree’s roots are pruned, but the damaged sewer pipe is not addressed. There were no public speakers for this agenda item. City of Sunnyvale Page 5 Planning Commission Meeting Minutes January 24, 2022 Ms. McDowell and Mr. Nociforo presented additional information about the proposed project. Chair Howard closed the Public Hearing. At Commissioner Rheaume’s request, City Arborist Gonsalves responded to concerns expressed by Ms. McDowell regarding pruning the tree’s roots. MOTION: Commissioner Howe moved and Commissioner Rheaume seconded the motion to continue Public Hearing Agenda Item 2 to a date uncertain to allow the applicant additional time to consider alternative options to approving the Tree Removal Permit. Commissioner Howe stated that there are other options to consider before resorting to the removal of the redwood tree. He advised the applicant to return to the Planning Commission if attempts of those options are not successful. Commissioner Rheaume voiced his support of motion, echoed comments made by Commissioner Howe, and urged his fellow Commissioners to support the motion as well. Commissioner Weiss shared the sentiments of Commissioner Howe and Commissioner Rheaume and cited the need for attempting alternative options such as replacing the damaged sewer pipe(s) and installing a new cleanout prior to removing the redwood tree. She also emphasized the importance of employing a company renowned for their successful pruning of tree roots to ensure that the process is completed properly. Lastly, she spoke in favor of the motion. Vice Chair Pyne stated that, based on information presented that evening, he would have difficulty supporting the fact that it is the redwood tree that is causing the hazard and not an issue with the sewer pipes. He also advised that if this appeal returns to the Planning Commission, he prefers that a plumber is present to address plumbing-related inquiries. Chair Howard confirmed his support of the motion, reiterated that the issue is with the sewer system and not the tree, and voiced his confidence in City Arborist Gonsalves’ professional advice that the tree may be saved while the issues with the sewer system are simultaneously addressed. He also noted Commissioner Harrison’s absence and announced that she left the Planning Commission meeting City of Sunnyvale Page 6 Planning Commission Meeting Minutes January 24, 2022 early due to family matters that she advised him of prior to the start of the meeting. As a result, Commissioner Harrison was unable to participate in the voting process for the remainder of the meeting. 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 3. 22-0237 Selection and Ranking of Potential 2022 Study Issues Principal Planner Amber Blizinski informed the Planning Commissioners that CDD 22-04 (Adopt Personal Electric Vehicle (PEV) Parking Standards) which was sponsored by the Bicycle and Pedestrian Advisory Commission (BPAC), was voted by the BPAC to be deferred. As such, it was removed from the list of study issues, and the Planning Commission will not need to consider it this year. Principal Planner Blizinski presented a list of potential study issues for 2022. Vice Chair Pyne and Principal Planner Blizinski engaged in a discussion regarding CDD 22-05 and what it entails. According to Principal Planner Blizinski, the study will evaluate whether there are safety implications of undergrounding versus not undergrounding utilities and, if any, what they are. She added that findings from this study may shed light on language pertaining to health and safety that may be included in the existing Sunnyvale Municipal Code related to undergrounding utilities. Updating this ordinance might provide more guidance when determining whether an applicant may or may not use a waiver or concession from undergrounding if doing so poses a health and/or safety risk. Principal Planner Blizinski explained the process of dropping, deferring, and ranking the potential study issues for 2022. Chair Howard opened the Public Hearing. City of Sunnyvale Page 7 Planning Commission Meeting Minutes January 24, 2022 Richard Mehlinger, speaking in his capacity as Chair of the BPAC, advised the Planning Commission that the BPAC ranked CDD 19-07 as their second highest priority study issue this year and explained why. Speaking in his own capacity, he stated that the two study issues of particular importance to him are CDD 21-01 and CDD 22-02. When asked by Chair Howard, Mr. Mehlinger confirmed that the BPAC ranked study issue DPW 21-01 (Bike Lanes on Hollenbeck Avenue between El Camino Real and Homestead Road) as the first priority. Stephen Meier, Sunnyvale resident, advocated for CDD 19-07 as a means for encouraging others to live without cars in a world where other transportation options, such as ridesharing and autonomous vehicles, are becoming increasingly available. He added that more housing is needed for people rather than for cars. Ari Feinsmith, Bike Sunnyvale Team Leader, shared his support for CDD 19-07 since it will work to combat climate change and invite others to utilize active modes of transportation as much as possible. Chair Howard closed the Public Hearing. Commissioner Weiss confirmed with Principal Planner Blizinski that CDD 22-03 is a fully defined study issue now. Together, the Planning Commissioners agreed to drop CDD 22-01 and accepted the ranking of the remaining Study Issues as follows: 1.) CDD 21-01 2.) CDD 19-07 3.) CDD 22-05 4.) CDD 22-02 5.) CDD 22-03 This recommendation will be forwarded to the City Council for consideration at the Study Issues and Budget Proposals Workshop on February 17, 2021. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. NON-AGENDA ITEMS AND COMMENTS City of Sunnyvale Page 8 Planning Commission Meeting Minutes January 24, 2022 -Commissioner Comments Commissioner Rheaume and his fellow Planning Commissioners welcomed Principal Planner Mendrin as the interim staff liaison for the Planning Commission. -Staff Comments Principal Planner Mendrin announced that on January 25, 2022, the City Council will do the following: 1.) reconsider and affirm the resolution to continue virtual public meetings for the City Council and Boards, Commissions and Council subcommittees during the COVID-19 state of emergency; 2.) adopt an ordinance to add Chapter 19.78 (Dual Urban Opportunity Housing) to Title 19 (Zoning) and Chapter 18.26 (Urban Lots Splits) to Title 18 (Subdivisions); make other related amendments to Tile 19 (Zoning); and Amend Chapter 13.08 (Right-of-Way Encroachments) of Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code; and 3.) approve the Proposed 2022 Priority Advocacy Issues and review Long-term Legislative Advocacy Positions (LAPs). Principal Planner Mendrin informed the Planning Commissioners that on January 27, 2022, the City Council will have a Council Strategic Planning Workshop during which they will receive updates on the existing Council Policy Priorities, discuss various strategic topics for the City, and have an opportunity to update the Council Policy Priorities. Lastly, Principal Planner Mendrin advised that the City Council will have a Study Issues and Budget Proposals Workshop during the February 17, 22 City Council meeting. ADJOURNMENT Chair Howard adjourned the meeting at 8:58 PM. City of Sunnyvale Page 9