Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, July 11, 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 June 21, 2022. Chair Howard called the meeting to order at 7:00 PM. ROLL CALL Present: 7 - Commissioner Daniel Howard Chair Martin Pyne Commissioner John Howe Vice Chair Nathan Iglesias Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Carol Weiss ORAL COMMUNICATIONS None. CONSENT CALENDAR MOTION: Commissioner Howe moved and Vice Chair Pyne seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 1 Planning Commission Meeting Minutes July 11, 2022 Yes: 5 - Commissioner Howard Chair Pyne Commissioner Howe Vice Chair Iglesias Commissioner Weiss No: 0 Abstained: 2 - Commissioner Serrone Commissioner Shukla 1. 22-0723 Approve Planning Commission Meeting Minutes of June 27, 2022 PUBLIC HEARINGS/GENERAL BUSINESS 2. 22-0737 CHANGE OF HEARING DATE TO JULY 25, 2022 FROM JULY 11, 2022. Proposed Project: Related applications on a 1.25-acre site: DEVELOPMENT AGREEMENT (DA): Introduction of an Ordinance Approving and Adopting of a DA between the City of Sunnyvale and Gary Thon-Lon Hon and Nichole Ying Lin Hon, as trustees of the Hon Family Trust and Edward H. Leone Jr. LLC. SPECIAL DEVELOPMENT PERMIT (SDP): to demolish the existing buildings and construct a new 125,128 square foot four (4) story office building with two (2) levels of underground parking. Location: 480 & 490 S. Mathilda Avenue and 355 W. Olive Avenue (APNs:209-28-008 & 052) File #: 2021-7281 (DA) & 2021-7280 (SDP) Zoning: DSP Block 13 Applicant: Daniel Minkoff, Minkoff Group Owners: Gary Thon-Lon Hon and Nichole Ying Lin Hon, as Trustees of the Hon Family Trust and Edward H. Leone Jr. LLC. Environmental Review: A Mitigated Negative Declaration has been prepared in compliance with California Environmental Quality Act provisions and City Guidelines. Project Planner: Shaunn Mendrin, (408) 730-7431, smendrin@sunnyvale.ca.gov Chair Howard opened the Public Hearing. There were no public speakers for this agenda item. Chair Howard closed the Public Hearing. City of Sunnyvale Page 2 Planning Commission Meeting Minutes July 11, 2022 MOTION: Commissioner Weiss moved and Vice Chair Pyne seconded the motion to continue the discussion on Public Hearing Agenda Item 2 to Monday, July 25, 2022. The motion carried by the following vote: Yes: 7 - Commissioner Howard Chair Pyne Commissioner Howe Vice Chair Iglesias Commissioner Serrone Commissioner Shukla Commissioner Weiss No: 0 3. 22-0617 Proposed Project: APPEAL of a decision by the Director of Community Development approving a DESIGN REVIEW to demolish an existing one-story home and construct a new two-story single-family residence, resulting in 3,109 square feet (2,709 square feet living area and 400 square feet garage) that utilizes a Green Building incentive for a 50% floor area ratio (FAR). Location: 871 Lori Ave (APN: 165-25-060) File #: 2021-7325 Zoning: R-0 (Low-Density Residential) Appellant: Xueqiang Tan Applicant/Owner: Rolm Design Studios, Inc. / Chen Huang Environmental Review: Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Associate Planner Cindy Hom presented the staff report with a slide presentation. Commissioner Weiss disclosed that she has met with the appellant to discuss the appeal of the proposed project. She confirmed with Associate Planner Hom that the neighborhood within which the proposed project is located is not a Planned Development; no members of the public submitted letters of support for the proposed project; the applicant is aiming to achieve 134 points on the GreenPoint Rated Checklist; the homes adjacent to the proposed project will experience shading on less than 10 percent of their roofs; the solar panels on the property located at 865 Lori Avenue will be unaffected by the proposed project; and the proposed project’s architectural and site plans do not include an exterior staircase City of Sunnyvale Page 3 Planning Commission Meeting Minutes July 11, 2022 or second floor balconies. At Vice Chair Pyne’s request, Associate Planner Hom provided an explanation of the solar shading triangles found on page four of Attachment 8. She assured him that the applicant’s presentation includes a solar simulation which should provide additional clarification. Vice Chair Pyne inquired about whether the neighborhood containing the proposed project is currently a single-story overlay district. Associate Planner Hom confirmed that it is not and stated that staff has advised residents of the option to apply to make it one. Commissioner Howe commented that second-story patios or balconies have generally been a concern. He questioned the approval process if one is requested in the future. Associate Planner Hom described the Design Review permit process and explained the factors that would determine whether the permit is approved at staff level or at a Planning Commission meeting. Commissioner Serrone commented that during a walk around the proposed project’s neighborhood, he noticed several houses on both Shirley Avenue and Lori Avenue that have undergone extensive remodels which included steep gable roof pitches. He questioned how the height of these roofs compare to the height of the proposed project. Associate Planner Hom responded that while additional research on her part is required to provide an accurate response, roofs of single-story homes are generally between 17 and 19 feet in height. Commissioner Serrone confirmed with Associate Planner Hom that the windows on the east side of the second floor of the proposed project are set at six and a half feet high and will utilize frosted glass. This, along with other factors, will prohibit the intrusion of neighboring residents’ privacy. Commissioner Iglesias confirmed with Associate Planner Hom that the proposed project aims to demolish the existing building to construct a new two-story home. This would subject the proposed project to objective design standards. Commissioner Iglesias confirmed with Associate Planner Hom that, according to the Privacy Analysis outlined in the third page of Attachment 8, visibility of neighboring homes is obscured from windows on the second floor. City of Sunnyvale Page 4 Planning Commission Meeting Minutes July 11, 2022 Commissioner Iglesias and Associate Planner Hom discussed compromises made by the applicant in response to feedback from the public regarding the proposed project’s design. At Commissioner Shukla’s request, Principal Planner George Schroeder clarified that a proposed project involving the construction of a two-story home at 872 Shirley Avenue was appealed and denied at the Planning Commission meeting of December 13, 2021. Principal Planner Schroeder added that information on this proposed project may be found on the City’s Legislative Public Meetings page. Chair Howard asked about the height of the trees in the backyard of the proposed project site. Vice Chair Pyne provided an explanation of the action taken by the Planning Commission regarding the proposed project at 872 Shirley Avenue. Vice Chair Pyne confirmed with Principal Planner Schroeder that two two-story homes exist within the same neighborhood as the proposed project site and that they were constructed prior to the City’s adoption of the Single Family Home Design Techniques. Chair Howard noted that some homes within the same neighborhood of the proposed project site possess higher roofs that appear to be a de facto second floor. Chair Howard opened the Public Hearing. Chen Huang (applicant and homeowner of the property at 871 Lori Avenue) and Mehran Soltanzadeh (Architect at Rolm Design Studios, Inc.) presented the project including additional images and information. Commissioner Weiss confirmed with Mr. Soltanzadeh that the proposed project’s frosted windows on the second floor of its east and west side elevations are fixed and may not be opened. Commissioner Weiss confirmed with Mr. Soltanzadeh that the trees in the proposed project site’s backyard will be pruned according to the discretion of a certified arborist. City of Sunnyvale Page 5 Planning Commission Meeting Minutes July 11, 2022 Commissioner Weiss confirmed with Mr. Huang that although he was previously residing in the property located at 871 Lori Avenue, the property is currently vacant. She also confirmed with Mr. Huang that he plans to move into the house once construction of the proposed project is complete. Commissioner Weiss discussed with Mr. Huang why extension into the backyard was not considered instead of the construction of a new two-story home. At Vice Chair Pyne’s request, Mr. Soltanzadeh presented solar simulations depicting shading caused by the proposed project with and without the inclusion of the backyard trees. Appellant Xueqiang Tan presented information to support his case. Chair Howard advised Mr. Tan that the staircase shown on the cross sections of page 15 of Attachment 5 is located within the interior of the proposed project. Mr. Tan confirmed with Associate Planner Hom that there are two windows on the second floor of the west elevation of the proposed project’s site and architectural plans that face his home. Mr. Tan shared his concerns about the intrusion of his privacy because of this. Robert Diaz, Sunnyvale resident, spoke in opposition to the proposed project and shared his concerns. Marci, Sunnyvale resident and homeowner of the property adjacent to the proposed project site, questioned when the applicant resided on the property located at 871 Lori Avenue since, to her knowledge, it was previously rented before it became vacant. She also shared her concerns about the negative effects that her mother’s mental health may experience due to increased shading of her home by the proposed project. Manijeh, a member of the public who indicated a desire to speak, was unable to do so due to technical difficulties on their end. Jeff, Sunnyvale resident, stated that he is not in favor of the proposed project and commented that the two existing two-story structures in the same neighborhood as the proposed project do not cause as much shading to adjacent properties. He also shared his concerns about the possibility of the proposed project being sold and the City of Sunnyvale Page 6 Planning Commission Meeting Minutes July 11, 2022 frosted windows being converted to regular windows. Lastly, he added that the gable roofs that some of the residences in the same neighborhood have do not cause much light obstruction. Sandy, Sunnyvale resident, expressed that she is against the proposed project due to her concerns regarding light obstruction to adjacent homes and the intrusion of adjacent neighbors’ privacy. She also questioned whether anything may be done to prevent the frosted windows of the proposed project from being converted to regular windows. Mr. Soltanzadeh presented the project including additional images and information. Chair Howard closed the Public Hearing. Commissioner Weiss confirmed with Mr. Huang at what point in time he resided in the property located at 871 Lori Avenue. Mr. Huang confirmed his intent to live in the property once construction of the proposed project has been completed, and he explained his efforts to remain receptive to feedback from his neighbors concerning the proposed project’s design. Commissioner Iglesias confirmed with Principal Planner Schroeder that it is not a requirement for a property owner to reside on a property at the time that an application is submitted for its Design Review permit. Commissioner Iglesias also confirmed with Principal Planner Schroeder that a property owner’s intent to sell the property has no bearing on any decision made by the Planning Commission regarding the proposed project. Vice Chair Pyne confirmed with Associate Planner Hom that the Planning Commission may include a Recommended Condition of Approval that would prohibit the fixed, frosted glass windows on the proposed project’s second floor from being converted to regular windows in the future. MOTION: Commissioner Howe moved and Commissioner Iglesias seconded the motion to approve Alternative 2 - Deny the appeal and approve the Design Review with a modified condition. The modified condition is stated below: “GC-7 FUTURE MODIFICATIONS TO SECOND FLOOR FROSTED WINDOWS City of Sunnyvale Page 7 Planning Commission Meeting Minutes July 11, 2022 AND SECOND FLOOR BALCONY/PATIO PROPOSALS: As directed by the Planning Commission, the approved second floor frosted windows shall remain on the east and west side elevations. Proposed modifications to the windows with respect to enlargement, new windows, or removal of frosted glazing shall be subject to an additional planning permit with review at a Zoning Administrator hearing, Planning Commission meeting, or City Council meeting. Additionally, any future proposals for second floor balcony(ies) and/or patio(s) shall be subject to an additional planning permit with review at a Zoning Administrator hearing, Planning Commission meeting, or City Council meeting. [Planning Commission]” Commissioner Howe noted that the proposed project meets City guidelines and recognized efforts made by staff and the applicant to secure the privacy of adjacent neighbors and meet the requirements stipulated in the Sunnyvale Municipal Code (SMC). Commissioner Iglesias explained his role as a Planning Commissioner and provided his reasoning for supporting the motion. Vice Chair Pyne commended staff for the report and the thorough discussion on how the proposed project meets the City’s Single Family Home Design Techniques and SMC policies. For these reasons, he spoke in favor of the motion. Vice Chair Pyne also encouraged the homeowners residing near the proposed project site to apply for a single-story overlay district. Commissioner Weiss, like Vice Chair Pyne, encouraged members of the public to apply for a single-story overlay district, and she explained her reasons for asking the owner of 871 Lori Avenue whether he has lived in the home or intends to sell it. Lastly, she revealed that she will be voting against the motion. Commissioner Serrone acknowledged and validated the concerns of residents surrounding the proposed project site. He then echoed comments made regarding the residents’ ability to apply for a single-story overlay district and voiced his support of the motion. Commissioner Shukla thanked staff for the proposed project’s objective design and recognized concerns raised by neighboring residents. City of Sunnyvale Page 8 Planning Commission Meeting Minutes July 11, 2022 Chair Howard stated that he is in support of the motion and explained why. The motion carried by the following vote: Yes: 6 - Commissioner Howard Chair Pyne Commissioner Howe Vice Chair Iglesias Commissioner Serrone Commissioner Shukla No: 1 - Commissioner Weiss This decision is final. 4. 22-0720 Selection of Chair When Commissioner Howe proposed that Chair Howard remain Chair of the Planning Commission, Chair Howard inquired about the possibility of Vice Chair Pyne taking on this role. Commissioner Weiss nominated Vice Chair Pyne as Chair of the Planning Commission. Vice Chair Pyne confirmed that he is amenable to the idea of assuming this role. MOTION: Commissioner Weiss moved to nominate Vice Chair Pyne as Chair of the Planning Commission. The motion carried by the following vote: Yes: 6 - Commissioner Howard Commissioner Howe Vice Chair Iglesias Commissioner Serrone Commissioner Shukla Commissioner Weiss No: 0 Abstained: 1 - Chair Pyne 5. 22-0721 Selection of Vice Chair City of Sunnyvale Page 9 Planning Commission Meeting Minutes July 11, 2022 Commissioner Howe nominated Commissioner Iglesias as Vice Chair of the Planning Commission. Commissioner Iglesias responded that he would be happy to assume this role. MOTION: Commissioner Howe moved to nominate Commissioner Iglesias as Vice Chair of the Planning Commission. The motion carried by the following vote: Yes: 7 - Commissioner Howard Chair Pyne Commissioner Howe Vice Chair Iglesias Commissioner Serrone Commissioner Shukla Commissioner Weiss No: 0 6. 22-0722 Selection of Seats Commissioner Howe requested that, for Americans with Disabilities Act (ADA) reasons, the first seat from the left (when facing the dais from the podium) be assigned to him. The other Planning Commissioners then selected their preferred seats. MOTION: Commissioner Howe moved and Vice Chair Pyne seconded the motion to select seats for the coming year in the following order from left to right facing the dais from the podium: Commissioner Howe, Commissioner Serrone, Commissioner Weiss, Chair Pyne, Vice Chair Iglesias, Commissioner Shukla, Commissioner Howard. The motion carried by the following vote: Yes: 7 - Commissioner Howard Chair Pyne Commissioner Howe Vice Chair Iglesias Commissioner Serrone Commissioner Shukla Commissioner Weiss No: 0 City of Sunnyvale Page 10 Planning Commission Meeting Minutes July 11, 2022 STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Vice Chair Pyne questioned whether the Planning Commission meetings will be held at a physical location in the near future. Planning Officer Shaunn Mendrin advised that, monthly, the City Council determines whether public meetings will be conducted virtually. At this time, the Planning Commission meetings will continue to be held virtually. Commissioner Iglesias offered his apologies to Commissioner Weiss if the comments he made regarding Public Hearing Agenda Item 3 came across as aggressive toward her since this was not his intent. Commissioner Howe thanked Chair Howard and Vice Chair Pyne for their contributions as Chair and Vice Chair of the Planning Commission. Commissioner Weiss welcomed Commissioner Shukla and Commissioner Serrone to the Planning Commission. Chair Howard welcomed Commissioner Shukla and Commissioner Serrone to the Planning Commission. He also thanked Commissioner Howe for his kind remarks and wished Vice Chair Pyne well as he assumes the role of Chair of the Planning Commission. -Staff Comments At Planning Officer Mendrin’s direction, a random order voice vote was conducted for Public Hearing Agenda Item 6. Planning Officer Mendrin announced that on July 12, 2022, the City Council will consider the adoption of an ordinance (No. 3194-22) pertaining to the El Camino Real Specific Plan (ECRSP) and the amendment to Title 19 (Zoning) of the Sunnyvale Municipal Code (SMC). He also reminded the Planning Commissioners that the fee schedules, amendments to Title 19, and the ECRSP go into effect on September 12, 2022. ADJOURNMENT City of Sunnyvale Page 11 Planning Commission Meeting Minutes July 11, 2022 Chair Howard adjourned the meeting at 9:25 PM. City of Sunnyvale Page 12