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Planning Commission

Regular Meeting

Sunnyvale, CA · April 25, 2022

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Minutes

City of Sunnyvale Meeting Minutes Planning Commission Monday, April 25, 2022 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 5:30 PM | Public Hearing - 7:00 PM 5:30 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 April 5, 2022. Vice Chair Pyne called the meeting to order at 5:30 PM. Roll Call Present: 5 - Vice Chair Martin Pyne Commissioner Sue Harrison Commissioner John Howe Commissioner Nathan Iglesias Commissioner Carol Weiss Absent: 2 - Chair Daniel Howard Commissioner Ken Rheaume Chair Howard arrived before 6:00 PM. Commissioner Rheaume’s absence is excused. Study Session Planning Officer Shaunn Mendrin announced Commissioner Harrison’s recusal from Study Session Item A due to the proximity of her home to the Sunnyvale El Camino Real Specific Plan (ECRSP) area. A. 22-0497 Draft El Camino Real Specific Plan Adjourn Study Session City of Sunnyvale Page 1 Planning Commission Meeting Minutes April 25, 2022 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 April 5, 2022. Chair Howard called the meeting to order at 7:08 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 Public Comments on the ECRSP were continued during Oral Communications. Planning Officer Mendrin announced Commissioner Harrison’s recusal from Study Session Item A and Agenda Item 2 due to the proximity of her home to the ECRSP area. Commissioner Harrison requested her recusal. Speaking in her capacity as a Sunnyvale resident and not as a Planning Commissioner, she noted that the Bernardo Gateway Node does not appear to be zoned homogeneously. While the northern portion is zoned MU-54, she questioned the zoning of the southern portion. She encouraged maintaining publicly accessible open space requirements robust for high-density residential areas. Alison Warner, speaking in her capacity as Senior Vice President at Balboa Retail Partners, discussed retail trends pre-COVID-19 and trends that may be seen post-COVID-19. In particular, she highlighted the fact that smart retailers still require less space to conduct their businesses. She expressed her concerns that what is being proposed by the Draft ECRSP poses restrictions on the placement of uses such that retailers evolve, and space becomes obsolete. These restrictions affect the Hacienda and Cala Shopping Centers (two properties owned by Balboa Retail City of Sunnyvale Page 2 Planning Commission Meeting Minutes April 25, 2022 Partners). Josh Rupert, owner of property on El Camino Real, shared his concerns regarding the ECRSP’s open space and commercial requirements. He also emphasized the fact that retail is a community benefit and advised that municipalities should think of it as such. Mike Serrone, speaking on behalf of the Livable Sunnyvale Board and the Livable Sunnyvale El Camino Real Specific Plan Committee, commended staff on their work on the ECRSP and the Draft Environmental Impact Report (DEIR) for the ECRSP. He then urged the Planning Commission and the City Council to approve the ECRSP in a timely manner and provided his reasons for doing so. Lastly, he commented that the addition of housing on a transit corridor like El Camino Real will reduce traffic. Ed Gocka was unable to provide public comment due to connectivity issues. Jennifer Renk, a representative of Balboa Retail Properties, inquired about when the Planning Commission will deliberate on Study Session Item A. Chair Howard confirmed with Planning Officer Mendrin that no action will be taken by the Planning Commission during the meeting other than to hear comments pertaining to the DEIR and that the Planning Commission will take action on the ECRSP and EIR during a future Planning Commission meeting. CONSENT CALENDAR Commissioner Weiss asked staff if the Meeting Minutes of April 11, 2022 for Agenda Item 3 may be revised to indicate that she questioned the presence of both a tankless water heater and the use of a conventional water heater in the proposed project’s plans. She intended to ask whether the proposed project could include two tankless water heaters instead of one tankless water heater and one standard water heater. MOTION: Commissioner Howe moved and Commissioner Weiss seconded the motion to approve the Consent Calendar with the following revision to the minutes: 1.) Note that the first sentence of the fourth paragraph on page six pertaining to Agenda Item 3 should read as follows: “Commissioner Weiss questioned the presence of one tankless water heater and one conventional water heater on the proposed project’s plans.” City of Sunnyvale Page 3 Planning Commission Meeting Minutes April 25, 2022 The motion carried by the following vote: Yes: 5 - Chair Howard Vice Chair Pyne Commissioner Howe Commissioner Iglesias Commissioner Weiss No: 0 Abstained: 2 - Commissioner Harrison Commissioner Rheaume 1. 22-0506 Approve Planning Commission Meeting Minutes of April 11, 2022 PUBLIC HEARINGS/GENERAL BUSINESS 2. 22-0466 Public Comments on the Draft Environmental Impact Report (DEIR) for the El Camino Real Specific Plan (ECRSP) Location: Existing Plan: El Camino Real Specific Plan Area File no.: 2014-7432 (El Camino Real Specific Plan) General Plan Designation: El Camino Real Corridor Mixed-Use - With various sub-land use designations of El Camino Real (ECR) Mixed-Use, ECR Corridor Commercial, ECR Office, ECR Public Facilities, ECR Medium Density Residential, ECR High Density Residential Proposed Removal from Plan Area and Land Use Designation Changes within the Existing Plan Area - 815 E. Fremont (211-25- 013) to Residential High Density, 801-834 Kingfisher Terrace (211-43- 013 through 211-42-033) to Residential High Density, 1332 Poplar Avenue (313-03-006) to Residential Low Density, and 1075-1088 Ed Roth Terrace (213-35-052 through 213-35-058) to Residential Medium Density Proposed Land Use Designation Change Associated with Plan Updates - 201 Old San Francisco Road (209-31-068) to Commercial and 510-769 Fall River Terrace (201-36-001) to Residential Medium Density Zoning: El Camino Real Specific Plan Zoning District - With various sub-zoning districts of El Camino Real (ECR) - Commercial (ECR-C), ECR-Mixed Use (ECR-MU), ECR-Office (ECR-O), ECR-Public Facilities (ECR-PF), ECR-Medium Density City of Sunnyvale Page 4 Planning Commission Meeting Minutes April 25, 2022 Residential (ECR-R3), and ECR-High Density Residential (ECR-R4) Proposed Removal from Plan Area and Rezoning of Existing Sites within the Existing Plan Area - 1075-1088 Ed Roth Terrace (213-35-052 through 213-35-058) to Medium Density Residential (R-3). Proposed Zoning Change Associated with Plan Updates - 510-769 Fall River Terrace (209-36-001) to Medium Density Residential (R-3). Applicant: City of Sunnyvale Project Planner: Jeffrey Cucinotta, 408-730-7424 or jcucinotta@sunnyvale.ca.gov COMMENTS ONLY Provide public comments on the Draft Environmental Impact Report. Senior Planner Jeffrey Cucinotta presented the staff report with a slide presentation. Chair Howard opened the Public Hearing. Zach Kauffman posed questions regarding the ECRSP DEIR which pertained to the Hexagon traffic analysis, the examination of greenhouse gas emissions, and the impact of rezoning Michaels and Dollar Tree. He also inquired about an email from Hexagon from December 14, 2020 and the 17 comment letters received by the City on the Notice of Preparation for the ECRSP’s DEIR that were cited but not included with the staff report. Lastly, Mr. Kauffman asked about whether congestion avoidance was considered as a part of the traffic analysis conducted for the ECRSP DEIR. Chair Howard closed the Public Hearing. Chair Howard advised no action will be taken on this agenda item. Senior Planner Cucinotta informed the Planning Commissioners that the ECRSP and the Environmental Impact Report (EIR) for the ECRSP are scheduled to be heard at the June 13, 2022 Planning Commission meeting. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. NON-AGENDA ITEMS AND COMMENTS City of Sunnyvale Page 5 Planning Commission Meeting Minutes April 25, 2022 -Commissioner Comments None. -Staff Comments Planning Officer Mendrin announced that on April 26, 2022, the City Council will consider the introduction of an ordinance to amend Sunnyvale Municipal Code Chapter 19.76 (Short-Term Rental of Residential Property), adoption of a resolution to amend the FY 2022/21 Citywide fee schedule related to fines for violations of the Short-Term Rental Ordinance, provision of direction on compliance and enforcement service level, and find that these actions are exempt from the California Environmental Quality Act. Planning Officer Mendrin informed the Planning Commissioners that on April 28, 2022, the City Council is scheduled to have a Land Use Workshop on the Moffett Park Specific Plan. ADJOURNMENT Chair Howard adjourned the meeting at 7:47 PM. City of Sunnyvale Page 6

Agenda

City of Sunnyvale Notice and Agenda Planning Commission Monday, April 25, 2022 5:30 PM Telepresence Meeting: City Web Stream | Comcast Channel 15 | AT&T Channel 99 Special Meeting: Study Session - 5:30 PM | Public Hearing - 7:00 PM Meeting Online Link: https://sunnyvale-ca-gov.zoom.us/j/91827390357 Special Teleconference Notice Because of the COVID-19 emergency and the health orders issued by Santa Clara County and the State of California, this meeting of the Sunnyvale Planning Commission will take place by teleconference, as allowed by Government Code Subdivision 54953(e) and Resolution No.1089-21 (reaffirmed April 5, 2022). Public Participation • 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 (*9 to request to speak | *6 to unmute/mute) • Watch the Planning Commission meeting at http://youtube.com/SunnyvaleMeetings or on television over Comcast Channel 15, AT&T Channel 99 • Submit written comments to the Planning Commission no later than 4 hours prior to the meeting start to planningcommission@sunnyvale.ca.gov or by mail to: Sunnyvale Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707 • Review recordings of this meeting and past meetings at https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings Accessibility/Americans with Disability Act (ADA) Notice City of Sunnyvale Page 1 Printed on 4/20/2022 Planning Commission Notice and Agenda April 25, 2022 Pursuant to the Americans with Disabilities Act (ADA), if you need special assistance to provide public comment, or for other special assistance; please contact the City at least 48 hours prior 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)). 5:30 P.M. STUDY SESSION Call to Order Call to Order via teleconference. Roll Call Study Session The public may provide comments regarding the Study Session item(s). If you wish to address the Planning Commission, please refer to the notice at the beginning of this agenda. A. 22-0497 Draft El Camino Real Specific Plan Adjourn Study Session 7 P.M. 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 Planning 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 the Planning Commission to take action on an item not listed on the agenda. If you wish to address the Planning Commission, please refer to the notice at the beginning of this agenda. Individuals are limited to one appearance during this City of Sunnyvale Page 2 Printed on 4/20/2022 Planning Commission Notice and Agenda April 25, 2022 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 notice at the beginning of this agenda. 1. 22-0506 Approve Planning Commission Meeting Minutes of April 11, 2022 Recommendation: Approve Planning Commission Meeting Minutes of April 11, 2022 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS If you wish to speak to a public hearing/general business item, please refer to notice at the beginning of this agenda. Each speaker is limited to a maximum of three minutes. For land-use items, applicants are limited to a maximum of 10 minutes for opening comments and 5 minutes for closing comments. 2. 22-0466 Public Comments on the Draft Environmental Impact Report (DEIR) for the El Camino Real Specific Plan (ECRSP) Location: Existing Plan: El Camino Real Specific Plan Area File no.: 2014-7432 (El Camino Real Specific Plan) General Plan Designation: El Camino Real Corridor Mixed-Use - With various sub-land use designations of El Camino Real (ECR) Mixed-Use, ECR Corridor Commercial, ECR Office, ECR Public Facilities, ECR Medium Density Residential, ECR High Density Residential Proposed Removal from Plan Area and Land Use Designation Changes within the Existing Plan Area - 815 E. Fremont (211-25- 013) to Residential High Density, 801-834 Kingfisher Terrace (211-43- 013 through 211-42-033) to Residential High Density, 1332 Poplar Avenue (313-03-006) to Residential Low Density, and 1075-1088 Ed Roth Terrace (213-35-052 through 213-35-058) to Residential Medium Density Proposed Land Use Designation Change Associated with Plan Updates - 201 Old San Francisco Road (209-31-068) to Commercial and 510-769 Fall River Terrace (201-36-001) to Residential Medium Density Zoning: City of Sunnyvale Page 3 Printed on 4/20/2022 Planning Commission Notice and Agenda April 25, 2022 El Camino Real Specific Plan Zoning District - With various sub-zoning districts of El Camino Real (ECR) - Commercial (ECR-C), ECR-Mixed Use (ECR-MU), ECR-Office (ECR-O), ECR-Public Facilities (ECR-PF), ECR-Medium Density Residential (ECR-R3), and ECR-High Density Residential (ECR-R4) Proposed Removal from Plan Area and Rezoning of Existing Sites within the Existing Plan Area - 1075-1088 Ed Roth Terrace (213-35-052 through 213-35-058) to Medium Density Residential (R-3). Proposed Zoning Change Associated with Plan Updates - 510-769 Fall River Terrace (209-36-001) to Medium Density Residential (R-3). Applicant: City of Sunnyvale Project Planner: Jeffrey Cucinotta, 408-730-7424 or jcucinotta@sunnyvale.ca.gov COMMENTS ONLY Provide public comments on the Draft Environmental Impact Report. 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 408-730-7440 or 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 and deliver your public comments, please review the "Making Public Comments During City Council or Planning Commission Meetings" document available on the City website. City of Sunnyvale Page 4 Printed on 4/20/2022 Planning Commission Notice and Agenda April 25, 2022 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. City of Sunnyvale Page 5 Printed on 4/20/2022

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