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Planning Commission

Regular Meeting

Sunnyvale, CA · December 12, 2022

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Planning Commission Monday, December 12, 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 November 29, 2022. Vice Chair Iglesias called the meeting to order at 6:00 PM. Roll Call Present: 6 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Daniel Howard Commissioner John Howe Commissioner Michael Serrone Commissioner Neela Shukla Absent: 1 - Commissioner Carol Weiss Commissioner Weiss’ absence is excused. Study Session A. 22-1142 Proposed Project: Related applications on a 0.21-acre site: TENTATIVE PARCEL MAP: to subdivide one lot into two lots. USE PERMIT: to allow a 5,129 square foot lot and a 4,271 square foot lot when 8,000 square feet is required. DESIGN REVIEW: for the construction of two new two-story homes (2,587 square feet and 2,570 square feet gross floor area) resulting in an overall 55% Floor Area Ratio (FAR). Location: 258 West California Avenue (APN: 204-51-005) File #: 2019-7552 City of Sunnyvale Page 1 Planning Commission Meeting Minutes December 12, 2022 Zoning: R-2 Applicant / Owner: Hanson America LLC (applicant) / (owner) Environmental Review: A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions that include new construction of up to three single-family residences in an urbanized area (CEQA Guidelines, Section 15303). Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov 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 November 29, 2022. Chair Pyne called the meeting to order at 7:00 PM. ROLL CALL Present: 6 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Daniel Howard Commissioner John Howe Commissioner Michael Serrone Commissioner Neela Shukla Absent: 1 - Commissioner Carol Weiss 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. City of Sunnyvale Page 2 Planning Commission Meeting Minutes December 12, 2022 The motion carried by the following vote: Yes: 6 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 Absent: 1 - Commissioner Weiss 1.A 22-1131 Approve Planning Commission Meeting Minutes of November 28, 2022 1.B 22-1132 Annual Review of the Code of Ethics and Conduct for Elected and Appointed Officials PUBLIC HEARINGS/GENERAL BUSINESS 2. 22-1141 REQUEST FOR CONTINUANCE TO JANUARY 9, 2023 Proposed Project: Related applications on a 0.93-acre site: USE PERMIT for a new six-story hotel with 152 rooms, and VARIANCE to allow 14.5% parking lot shading where a minimum of 50% is required. Location: 1220 Oakmead Parkway (APN: 216-44-048) File #: 2022-7080 Zoning: Industrial and Service (M-S) Applicant / Owner: Arris Studio Architects / BPR Properties UCSC LLC Environmental Review: The project is consistent with the Land Use and Transportation Element (LUTE) of the City’s General Plan and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3. Project Planner: Kelly Cha, (408) 730-7408, kcha@sunnyvale.ca.gov Principal Planner Noren Caliva-Lepe stated that staff requests the continuance of this agenda item to the Planning Commission meeting of January 9, 2023. Chair Pyne opened the Public Hearing. There were no public speakers for this agenda item. City of Sunnyvale Page 3 Planning Commission Meeting Minutes December 12, 2022 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 specific on Monday, January 9, 2023. The motion carried by the following vote: Yes: 6 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 Absent: 1 - Commissioner Weiss 3. 22-0912 Proposed Project: Adopt a Resolution for a: SPECIFIC PLAN AMENDMENT to modify Block 20 of the Downtown Specific Plan to allow additional residential units and office square footage, and associated modifications to design guidelines and development standards; and GENERAL PLAN AMENDMENT to reflect increases in Projected Build-out in the Land Use and Transportation Element (LUTE). Location: 510 and 528 S. Mathilda Avenue (APNs:209-29-060 and 061), and 562 and 568 S. Mathilda Avenue (APNs:209-29-057 and 067) File #: 2018-7585 Zoning: DSP (Block 20) Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee, (applicant and owner 510 and 528 S. Mathilda Avenue, and Shawn Taheri, Sam Cloud Barn LLC (applicant and owner 562 and 568 S. Mathilda Avenue) Environmental Review: Addendum to the Downtown Specific Plan Amendments Final Environmental Impact Report for the Block 20 Area Project. Project Planner: Margaret Netto, (408) 730-1221, mnetto@sunnyvale.ca.gov Project Planner Margaret Netto presented the staff report with a slide presentation. Commissioner Howe confirmed with Planning Officer Shaunn Mendrin and Project Planner Netto that the height of developments in Block 20 of the Downtown Specific Plan (DSP) will be less than that of the Minkoff office project on Mathilda Avenue City of Sunnyvale Page 4 Planning Commission Meeting Minutes December 12, 2022 and Olive Avenue. Commissioner Serrone asked about amendments to the DSP that would update the high density residential and land use designations of certain parcels to mixed-use. Planning Officer Mendrin stated that developers may choose to build only residential developments in these mixed-use areas even if such areas also allow for commercial use. Commissioner Serrone asked whether there are plans to establish a continuous bicycle lane from El Camino Real to Washington Avenue. Planning Officer Mendrin requested additional time to provide Commissioner Serrone with an answer. At Commissioner Serrone’s request, Planning Officer Mendrin explained how a building’s height dimensions are calculated. Commissioner Serrone discussed with Planning Officer Mendrin the reason why the land use designation for 584 South Mathilda Avenue will be commercial rather than residential. Commissioner Serrone asked why the jobs-to-housing units ratio decreased from 1.73 to 1.55 since the adoption of the adoption of the Land Use and Transportation Element (LUTE) in 2017. Planning Officer Mendrin explained why. Commissioner Serrone noted that the Design Guidelines for Block 20 of the DSP include objective language. Planning Officer Mendrin stated that this was done to update the general language to more specific language for Block 20. He added that the Objective Design Guidelines for residential developments will be applied to the DSP at a later time as well. Chair Pyne opened the Public Hearing. Anthony Ho, designer for the proposed project at 510 and 528 South Mathilda Avenue, presented information about the proposed project. Shawn Taheri, applicant and owner of 562 and 568 South Mathilda Avenue, presented information about the proposed project. Chair Pyne discussed with Mr. Taheri the height limitations on the proposed project and Mr. Taheri’s concerns with meeting the allocated number of units for the City of Sunnyvale Page 5 Planning Commission Meeting Minutes December 12, 2022 proposed project due to these limitations. Commissioner Shukla confirmed with Planning Officer Mendrin that while the Minkoff office project was subject to height limitations posed by the DSP, its height exceeds these limitations due to an approved Development Agreement and an allowance that was made for community benefit. Commissioner Shukla confirmed with Project Planner Netto that the incorporation of retail into the proposed projects’ design is permitted. There were no public speakers for this agenda item. Mr. Ho and Shawn Karimi, applicant and owner of 510 and 528 South Mathilda Avenue, presented additional information about the proposed project. Mr. Taheri presented additional information about the proposed project. At Commissioner Shukla’s request, Planning Officer Mendrin provided the maximum allowable height of commercial and residential developments along El Camino Real. Chair Pyne closed the Public Hearing. Planning Officer Mendrin advised Commissioner Serrone that there are plans to remove parking on Mathilda Avenue and establish a continuous bicycle lane from El Camino Real to Iowa Avenue, which is contained in the DSP. Commissioner Serrone confirmed with Planning Officer Mendrin that a motion may be made to approve alternatives recommended by staff with a modification to increase developmental height limitations. Commissioner Shukla received clarification from Project Planner Netto regarding the applicants’ request for a greater setback at the rear of the proposed project. Chair Pyne confirmed with Project Planner Netto that concessions and waivers resulting from the Density Bonus Law and Green Building program may make it possible for the applicants to bypass height requirements. Planning Officer Mendrin added that the Housing Accountability Act and the Special Development Permit that would be required for future developments on the proposed project sites would offer residential developers additional flexibility for setbacks and other design elements. City of Sunnyvale Page 6 Planning Commission Meeting Minutes December 12, 2022 MOTION: Commissioner Howard moved and Commissioner Howe seconded the motion to recommend to City Council Alternatives 1 and 2: 1) Accept the Addendum to the previously certified 2020 DSP EIR Pursuant to CEQA Guidelines Section 1516 (Attachment 4 to the report).; 2) Adopt a Resolution to amend the General Plan and Downtown Specific Plan (Attachment 5 to the report); Approve the DSP Amendments for Block 20 (Attachment 4, Appendix A, to the report); and Adopt a Resolution to amend Figure 3-2 in the Land Use and Transportation Element of the General Plan (Attachment 6 to the report). Commissioner Howard spoke in support of the motion and commended City staff for finding a balance between City development standards, state development standards, and requests made by the applicants for the proposed projects. Commissioner Shukla echoed comments made by Commissioner Howard and voiced her support of the motion. Commissioner Serrone confirmed with Planning Officer Mendrin that allowances may be made for community benefits, per the DSP, if the parcel on 584 South Mathilda Avenue is redeveloped at a later time. These allowances may involve the addition of square footage or an increase in the height allowed for the development. Chair Pyne spoke in favor of the motion and explained why. The motion carried by the following vote: Yes: 6 - Chair Pyne Vice Chair Iglesias Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 Absent: 1 - Commissioner Weiss This recommendation will be forwarded to the City Council for consideration at the January 10, 2023 meeting. City of Sunnyvale Page 7 Planning Commission Meeting Minutes December 12, 2022 STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Commissioner Howard confirmed with Planning Officer Mendrin that there is currently no date set for Planning Commission meetings to take place in-person. -Staff Comments Planning Officer Mendrin announced that on January 10, 2023, the City Council will consider amendments to the Downtown Specific Plan for Block 20. Planning Officer Mendrin informed the Commissioners that at the City Council meeting of January 24, 2023, the City Council will discuss potential study issues and budget proposals. He added that the City Council will hold a Strategic Planning Workshop on January 26, 2023. Planning Officer Mendrin stated that the City Council will rank proposed study issues and consider referring or dropping proposed budget proposals at the Study Issues/Budget Proposals Workshop on February 16, 2023. ADJOURNMENT Chair Pyne adjourned the meeting at 8:08 PM. City of Sunnyvale Page 8

Agenda

City of Sunnyvale Notice and Agenda Planning Commission Monday, December 12, 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 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 November 29, 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 City of Sunnyvale Page 1 Printed on 12/8/2022 Planning Commission Notice and Agenda December 12, 2022 Accessibility/Americans with Disability Act (ADA) Notice 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)). 6 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. 22-1142 Proposed Project: Related applications on a 0.21-acre site: TENTATIVE PARCEL MAP: to subdivide one lot into two lots. USE PERMIT: to allow a 5,129 square foot lot and a 4,271 square foot lot when 8,000 square feet is required. DESIGN REVIEW: for the construction of two new two-story homes (2,587 square feet and 2,570 square feet gross floor area) resulting in an overall 55% Floor Area Ratio (FAR). Location: 258 West California Avenue (APN: 204-51-005) File #: 2019-7552 Zoning: R-2 Applicant / Owner: Hanson America LLC (applicant) / (owner) Environmental Review: A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions that include new construction of up to three single-family residences in an urbanized area (CEQA Guidelines, Section 15303). Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Adjourn Study Session 7 P.M. PLANNING COMMISSION MEETING City of Sunnyvale Page 2 Printed on 12/8/2022 Planning Commission Notice and Agenda December 12, 2022 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 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.A 22-1131 Approve Planning Commission Meeting Minutes of November 28, 2022 Recommendation: Approve Planning Commission Meeting Minutes of November 28, 2022 as submitted. 1.B 22-1132 Annual Review of the Code of Ethics and Conduct for Elected and Appointed Officials 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. 22-1141 REQUEST FOR CONTINUANCE TO JANUARY 9, 2023 Proposed Project: Related applications on a 0.93-acre site: USE PERMIT for a new six-story hotel with 152 rooms, and City of Sunnyvale Page 3 Printed on 12/8/2022 Planning Commission Notice and Agenda December 12, 2022 VARIANCE to allow 14.5% parking lot shading where a minimum of 50% is required. Location: 1220 Oakmead Parkway (APN: 216-44-048) File #: 2022-7080 Zoning: Industrial and Service (M-S) Applicant / Owner: Arris Studio Architects / BPR Properties UCSC LLC Environmental Review: The project is consistent with the Land Use and Transportation Element (LUTE) of the City’s General Plan and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and Public Resources Code Section 21083.3. Project Planner: Kelly Cha, (408) 730-7408, kcha@sunnyvale.ca.gov Recommendation: Continue the Planning Commission hearing date to January 9, 2023. 3. 22-0912 Proposed Project: Adopt a Resolution for a: SPECIFIC PLAN AMENDMENT to modify Block 20 of the Downtown Specific Plan to allow additional residential units and office square footage, and associated modifications to design guidelines and development standards; and GENERAL PLAN AMENDMENT to reflect increases in Projected Build-out in the Land Use and Transportation Element (LUTE). Location: 510 and 528 S. Mathilda Avenue (APNs:209-29-060 and 061), and 562 and 568 S. Mathilda Avenue (APNs:209-29-057 and 067) File #: 2018-7585 Zoning: DSP (Block 20) Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee, (applicant and owner 510 and 528 S. Mathilda Avenue, and Shawn Taheri, Sam Cloud Barn LLC (applicant and owner 562 and 568 S. Mathilda Avenue) Environmental Review: Addendum to the Downtown Specific Plan Amendments Final Environmental Impact Report for the Block 20 Area Project. Project Planner: Margaret Netto, (408) 730-1221, mnetto@sunnyvale.ca.gov City of Sunnyvale Page 4 Printed on 12/8/2022 Planning Commission Notice and Agenda December 12, 2022 Recommendation: Recommend to City Council Alternatives 1 and 2: 1) Accept the Addendum to the previously certified DSP EIR Pursuant to CEQA Guidelines Section 1516 (Attachment 4 to the report); 2) Adopt a Resolution to amend the General Plan and Downtown Specific Plan (Attachment 5 to the report); and Adopt a Resolution to amend Figure 3-2 in the Land Use and Transportation Element of the General Plan (Attachment 6 to the 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. 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 12/8/2022 Planning Commission Notice and Agenda December 12, 2022 City of Sunnyvale Page 6 Printed on 12/8/2022

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