Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, September 26, 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 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 August 30, 2022. Vice Chair Iglesias called the meeting to order at 6:07 PM. Roll Call Present: 5 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Daniel Howard Commissioner Michael Serrone Commissioner Neela Shukla Absent: 2 - Commissioner John Howe Commissioner Carol Weiss Commissioner Howe’s absence is excused. Commissioner Weiss’ absence is excused. Study Session A. 22-0959 Proposed Project: Demolish an existing one-story commercial building of 5,515 square feet and construct one new 6-story hotel building with 152 hotel rooms, totaling 91,845 square feet and 43.5% lot coverage, with 93 parking spaces. Location: 1220 Oakmead Parkway (APN: 216-44-048) File #: 2022-7080 Zoning: Industrial and Service (M-S) Applicant / Owner: Arris Studio Architects (Applicant)/ BPR Properties City of Sunnyvale Page 1 Planning Commission Meeting Minutes September 26, 2022 (Owner) Project Planner: Kelly Cha, Associate Planner 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 August 30, 2022. Chair Pyne called the meeting to order at 7:00 PM. ROLL CALL Present: 5 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Daniel Howard Commissioner Michael Serrone Commissioner Neela Shukla Absent: 2 - Commissioner John Howe Commissioner Carol Weiss Commissioner Howe’s absence is excused. Commissioner Weiss’ absence is excused. ORAL COMMUNICATIONS None. CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes September 26, 2022 Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Absent: 2 - Commissioner Howe Commissioner Weiss This decision, as it applies to Agenda Item 1.B, is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, October 11, 2022. 1.A 22-0945 Approve Planning Commission Meeting Minutes of September 12, 2022 1.B 22-0946 Proposed Project: DESIGN REVIEW to allow a 245-square-foot, first-floor sunroom addition to an existing two-story home, resulting in 3,147 square feet gross floor area (2,699 square feet living area and 448 square foot garage) and 50.75% Floor Area Ratio (FAR). Location: 1612 Vireo Drive (APN: 313-42-030) File #: 2022-7266 Zoning: R-0 Applicant / Owner: GDM Construction + Design Inc. (applicant) / Danny Chiu (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov PUBLIC HEARINGS/GENERAL BUSINESS 2. 22-0962 REQUEST FOR CONTINUANCE TO DATE UNCERTAIN Consider a Tenant Protection and Right to Lease Ordinance (Study Issue) Affordable Housing Manager Ernie Defrenchi stated that staff requests the continuance of this agenda item to a date uncertain and explained why. Mr. Defrenchi noted that the item would be re-noticed and re-advertised. Chair Pyne noted that housing legislation to be signed or vetoed by the governor should shed light on housing laws next year. City of Sunnyvale Page 3 Planning Commission Meeting Minutes September 26, 2022 Chair Pyne opened the Public Hearing. There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to continue the discussion on Public Hearing Agenda Item 2 to a date uncertain. The motion carried by the following vote: Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Absent: 2 - Commissioner Howe Commissioner Weiss 3. 22-0891 Proposed Project: Appeal of a decision by the Director of Community Development denying a Tree Removal Permit to consider removal of a protected tree (Deodar Cedar) in the front yard with an arborist report. Location: 1571 Heron Avenue (APN: 309-33-020) File #: 2022-7258 Zoning: R-0 Applicant / Owner: Monster Tree Service of West Valley / Sunil and Shilpa Mannikar Environmental Review: A Class 4 Categorical Exemption relieves this project from California Quality Act provisions and City Guidelines. Project Planner: Drew Taplin, (408) 730-7407, dtaplin@sunnyvale.ca.gov Associate Planner Drew Taplin presented the staff report with a slide presentation. Commissioner Howard confirmed with City Arborist Joseph Gonsalves that the Deodar Cedar tree in question is approximately 50 to 65 years old and that it is likely not much older than the house located at 1571 Heron Avenue. Commissioner Iglesias requested additional information on the removal of the Mexican Fan Palm located at the property site. Associate Planner Taplin cited the City of Sunnyvale Page 4 Planning Commission Meeting Minutes September 26, 2022 proximity of the tree to the public sidewalk and that the tree was slightly leaning. Findings supported the removal of this tree from the site. Commissioner Iglesias asked whether allergies from a tree could support the finding that the property owners are unable to enjoy the reasonable use or economic potential of the property. Principal Planner Noren Caliva-Lepe recalled only one case when this finding was supported by reason of severe allergies. City Arborist Gonsalves added that he is aware of only two cases. All cases involved a medical report supporting the severity of the allergies. Chair Pyne opened the Public Hearing. Sunil and Shilpa Mannikar, appellants and property owners, presented the project including additional images and information, including a doctor’s note stating the property owner’s pollen allergies. Commissioner Howard confirmed with Ms. Mannikar that while a link between her symptoms and the Deodar Cedar tree has not been explicitly established, pollen in general (including pollen from the tree) behaves as an irritant that activates her asthma and wheezing. Commissioner Iglesias confirmed with City Arborist Gonsalves that the Deodar Cedar tree is approximately eight to ten feet away from the property. Commissioner Iglesias engaged in a discussion with City Arborist Gonsalves regarding the means to prune the Deodar Cedar tree’s roots and prevent them from damaging the adjacent sidewalk or walkway to the property. Commissioner Iglesias confirmed with City Arborist Gonsalves that it is likely the tree’s roots that are lifting areas of the walkway to the property. Commissioner Howard asked about the cost difference between repairing the damaged walkway and the tree removal. Associate Planner Taplin answered that while he is uncertain of this cost difference, the tree removal was not included as part of the Design Review application that was approved for the property. However, Commissioner Howard confirmed with Principal Planner Caliva-Lepe that if the Planning Commission granted the appeal, then the removal of the tree would be allowed. City of Sunnyvale Page 5 Planning Commission Meeting Minutes September 26, 2022 Chair Pyne confirmed with City Arborist Gonsalves that since the damaged walkway is on private property and not in the public right of way, the City is not responsible for addressing it. There were no public speakers for this agenda item. Mr. and Ms. Mannikar presented additional information about the proposed project. Chair Pyne confirmed with Associate Planner Taplin that staff has not received any public comments regarding this project. Vice Chair Iglesias confirmed with Associate Planner Taplin that those within a 300-feet radius from the property were notified of the appeal and the Planning Commission meeting. Chair Pyne closed the Public Hearing. Vice Chair Iglesias shared his thoughts regarding the concerns of the property owners, the method of preserving the tree as described by City Arborist Gonsalves, and the fact that residents have the right to enjoy their property. He invited other Commissioners to share their feedback. Commissioner Howard stated that he is sympathetic to the property owners’ concerns. At the same time, he noted the opportunity to repair the walkway and the missing link to support the correlation between Ms. Mannikar’s allergies and the Deodar Cedar tree in question. Commissioner Howard also proposed that the property owners focus on air filtration for their property to prevent any pollen from the tree entering their home. Commissioner Shukla acknowledged concerns raised by the property owners and stated that pruning the tree’s roots will allow for the damaged walkway’s repair while also preserving the tree. City Arborist Gonsalves agreed that pruning the tree’s roots will slow the tree’s growth and that trimming the tree limbs would help reduce production of pollen. Commissioner Serrone commented that repairing the damaged walkway is more cost effective than removing the Deodar Cedar tree. He also mentioned that the addition of root barriers should prevent damage to the walkway once it is repaired. City of Sunnyvale Page 6 Planning Commission Meeting Minutes September 26, 2022 MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to approve Alternative 1 – Deny the appeal and uphold the decision of the Director of Community Development to deny the Tree Removal Permit for the Cedar tree. Commissioner Howard advised that he is unable to make the findings to support the tree’s removal. Vice Chair Iglesias once again recognized the property owners’ concerns but stated that he is unable to make the findings to support the tree’s removal. Commissioner Howard commended City Arborist Gonsalves for providing information on mitigation techniques for pruning trees’ roots. Principal Planner Caliva-Lepe informed the Planning Commissioners that their decision to grant the appeal will be final and may not be appealed again by the appellants. Chair Pyne echoed comments made by Commissioner Howard and Vice Chair Iglesias regarding the lack of findings to support the tree’s removal. The motion carried by the following vote: Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Absent: 2 - Commissioner Howe Commissioner Weiss This decision is final. 4. 22-0787 Proposed Project: DESIGN REVIEW: To allow construction of a 390 square-foot first-floor addition and a 285 square-foot second-floor addition to an existing two-story single-family home, resulting in 2,717 square feet gross floor area (2,129 square-foot living area, 511 City of Sunnyvale Page 7 Planning Commission Meeting Minutes September 26, 2022 square-foot garage, and 77 square-foot covered balcony), and 52.3% Floor Area Ratio (FAR). Location: 388 Stowell Avenue (APN: 204-34-061) File #: 2021-7415 Zoning: R-0 Applicant / Owner: Raumfabrik Architecture + Interiors (applicant) / John Julian Chocholak and Margarita Novosyad (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Senior Planner Aastha Vashist presented the staff report with a slide presentation. At Commissioner Serrone’s request, Senior Planner Vashist provided clarification on the legally non-conforming side yard setbacks mentioned in the staff report. Chair Pyne opened the Public Hearing. Antje Paiz, architect for the proposed project, presented the project including additional information. There were no public speakers for this agenda item. Julian Chocholak, property owner, presented the project including additional information. Chair Pyne closed the Public Hearing. Vice Chair Iglesias discussed the proposed project’s second floor addition with Senior Planner Vashist considering existing two-story homes within the surrounding neighborhood. Commissioner Shukla commented that the proposed project will be a great addition to the existing neighborhood and commended its ability to preserve trees that are currently on the site. MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to approve Alternative 1 – Approve the Design Review with the Conditions of Approval in Attachment 4. City of Sunnyvale Page 8 Planning Commission Meeting Minutes September 26, 2022 Commissioner Howard applauded the proposed project’s beautiful architecture. Vice Chair Iglesias empathized with the applicants’ circumstances and revealed that a similar experience he had inspired him to join the Planning Commission as a means to serve the public. Commissioner Serrone voiced his support of the motion and noted the variety of houses in the neighborhood. Chair Pyne highlighted the proposed project’s ability to enhance the existing neighborhood. He also encouraged the applicants to share their input on the project process with the Planning Commission or the City Council via email. The motion carried by the following vote: Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Absent: 2 - Commissioner Howe Commissioner Weiss This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, October 11, 2022. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES Principal Planner George Schroeder informed the Planning Commissioners that September is the last month to propose study issues. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments None. -Staff Comments Principal Planner Caliva-Lepe announced that on September 27, 2022, the City City of Sunnyvale Page 9 Planning Commission Meeting Minutes September 26, 2022 Council will consider the continuation of virtual public hearings. Principal Planner Caliva-Lepe mentioned that the City Council meeting on October 11, 2022 will focus on reviewing and improving overall effectiveness of Commission meetings. Principal Planner Caliva-Lepe informed the Planning Commissioners that on October 18, 2022, the City Council will review the Moffett Park Specific Plan (MPSP) affordable housing and community benefits. Principal Planner Caliva-Lepe advised that on October 25, 2022, the City Council will adopt new building codes and consider conditional funding awards for housing mitigation funds and below market rate in-lieu funds for development and/or rehabilitation of affordable housing developments. Principal Planner Caliva-Lepe stated that General Plan Amendment Initiation requests will be considered at the November 1, 2022 City Council meeting. ADJOURNMENT Chair Pyne adjourned the meeting at 8:17 PM. City of Sunnyvale Page 10