Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, July 10, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Study Session - Canceled | Public Hearing - 7:00 PM STUDY SESSION CANCELED 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Chair Pyne called the meeting to order at 7:00 PM. SALUTE TO THE FLAG Chair Pyne led the salute to the flag. ROLL CALL Present: 7 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Galen Kim Davis Commissioner Daniel Howard Commissioner John Howe Commissioner Michael Serrone Commissioner Neela Shukla ORAL COMMUNICATIONS None. CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Howard moved and 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 10, 2023 Yes: 6 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Abstained: 1 - Commissioner Howe 1. 23-0716 Approve Planning Commission Meeting Minutes of June 26, 2023 Approve Planning Commission Meeting Minutes of June 26, 2023 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2. 23-0655 CONTINUED FROM MAY 22, 2023 Proposed Project: Appeal of a decision by the Zoning Administrator denying a VARIANCE to legalize an existing 189 square foot detached accessory structure in the rear yard of a single-family property with a ten-inch side setback where four feet minimum is required, and a seven-foot rear yard setback where ten feet minimum is required. Location: 424 Bryan Avenue (APN: 209-11-034) File #: PLNG-2022-7714 Zoning: R-2 (Low Medium Density Residential) Applicant / Owner: Wayne Lin (applicant/appellant) / Thomas Moser (owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Drew Taplin, (408) 730-7407, dtaplin@sunnyvale.ca.gov Associate Planner Drew Taplin presented the staff report with a slide presentation. Commissioner Howe provided an overview of the proposed project’s continuance from the May 22, 2023 Planning Commission meeting since some members of the Commission were not in attendance at that meeting. At Commissioner Davis’ request, Associate Planner Taplin provided the setback requirements for properties designated R-2 zoning and explained the required setbacks for the proposed project. City of Sunnyvale Page 2 Planning Commission Meeting Minutes July 10, 2023 Commissioner Howard provided a summary of the minutes for the Zoning Administrator hearing of March 1, 2023 as they pertain to the proposed project. Commissioner Serrone confirmed with Associate Planner Taplin that the proposed project resulted from a Neighborhood Preservation case that involved the reconstruction of the pre-existing accessory structure without a permit. Commissioner Serrone confirmed with Associate Planner Taplin that the rear setback is not due to a PG&E easement and that Associate Planner Taplin is not aware of any other easements in the rear yard. Commissioner Shukla and Associate Planner Taplin discussed the setback requirements that would apply to accessory dwelling units (ADUs) depending on whether they are pre-existing structures that were legally built. He added that since there is no evidence that the proposed project’s detached accessory structure was legally built, it must comply with the City’s minimum accessory structure setback requirements. Vice Chair Iglesias noted that a new state law permits all state properties to build a detached ADU and that setbacks for the minimum size of these ADUs are not applicable. He added that this may be a potential path forward for projects like the one proposed. Commissioner Howard and Associate Planner Taplin discussed the side and rear setback requirements that apply to ADUs and accessory structures depending upon their zoning designation. Associate Planner Taplin added that ADUs are generally permitted to be built closer to the property line than accessory structures. Commissioner Shukla confirmed with Associate Planner Taplin that accessory structures are defined by the Sunnyvale Municipal Code (SMC), and that requirements for these structures are not generally dependent upon their designated use. Chair Pyne confirmed with Associate Planner Taplin the that the permit for the pool on the proposed project site is expired. Principal Planner George Schroeder added that the applicant may work with the City’s Building Division to ensure that the permit is finalized so that the pool may be legalized. Chair Pyne opened the Public Hearing. Thomas Moser (property owner) presented additional information about the City of Sunnyvale Page 3 Planning Commission Meeting Minutes July 10, 2023 proposed project. Commissioner Davis confirmed with Mr. Moser that he does not remember any mention of his pool or accessory structure being non-conforming in the disclosures for his property. Commissioner Davis confirmed with Associate Planner Taplin that the permit for the pool did not mention the accessory structure. Commissioner Howard confirmed with Associate Planner Taplin that the accessory structure on the proposed project site must adhere to City code or be removed. He explained that the accessory structure’s non-conforming nature was brought to the City’s attention by a member of the community who initiated a Neighborhood Preservation case when the accessory structure was in the process of reconstruction without a permit. At Vice Chair Iglesias’ request, Mr. Moser provided clarification on the neighboring properties he discussed in his presentation which are like his own in the sense that they possess an accessory structure and garage that are near the property line. Vice Chair Iglesias confirmed with Associate Planner Taplin that staff is unaware of any other Variance applications in the same neighborhood as the proposed project. Vice Chair Iglesias confirmed with Associate Planner Taplin and Principal Planner Schroeder that there have been no changes to requirements for Variance permits since the approval of a Variance permit application submitted for 1348 La Bella Avenue in 2014. Commissioner Serrone confirmed with Mr. Moser that the pre-existing accessory structure has completed reconstruction and that it was rebuilt without his knowledge that it did not possess conforming setbacks. Commissioner Serrone confirmed with Associate Planner Taplin that setbacks are measured to the wall of the accessory structure and not its roof. At Chair Pyne’s request, Mr. Moser explained the distinction between his Variance application and the one that was submitted for 635 Toyon Avenue which was denied at the Planning Commission meeting of April 24, 2017. Chair Pyne asked for additional information regarding the accessory structures in the proposed project’s vicinity that were included in the applicant’s presentation. City of Sunnyvale Page 4 Planning Commission Meeting Minutes July 10, 2023 Mr. Moser responded that while he is unsure when those structures were built, he noted that other properties near the proposed project site are like his own in that they include an accessory structure that may not be legal or conform to City code. Commissioner Howard asked whether structures like the one in question are vulnerable to complaints made to Neighborhood Preservation. Associate Planner Taplin explained that it is unclear from the photos in the applicant’s presentation whether such structures are non-conforming since accessory structures that are eight feet in height and are less than 120 square feet are allowed by City code. He added that the applicants were given the option to lower the height of their structure to eight feet, but the applicants opted to file a request for a Variance instead. Commissioner Serrone confirmed with Mr. Moser that the pre-existing accessory structure was removed and completely reconstructed. Commissioner Howe confirmed with Associate Planner Taplin that a Building permit was not filed for the structure in question. Vice Chair Iglesias noted the setbacks for the accessory structure at 1348 La Bella Avenue. Vice Chair Iglesias commented that properties in the same neighborhood as the proposed project appear to have an accessory structure like the one in question. Associate Planner Taplin responded that the focus is on the accessory structure in question and the setback and height requirements it is subject to. There were no public speakers for this agenda item. Stacey Moser (property owner) presented additional information about the proposed project. Chair Pyne closed the Public Hearing. Chair Pyne confirmed with Associate Planner Taplin that staff has not received any public comments on this agenda item since it was last considered at the Planning Commission meeting of May 22, 2023. Vice Chair Iglesias thanked staff for maintaining fairness and consistency to preserve the community. Regarding the proposed project, he commented that what is being proposed is not depriving the neighborhood of anything. City of Sunnyvale Page 5 Planning Commission Meeting Minutes July 10, 2023 Commissioner Howard stated that a homeowner takes risk when building unpermitted structures. He added that the applicants have alternative options available to them that are allowed by City code, and he proposed that a study issue may be needed to explore ways to address the issue of non-conforming accessory structures within the proposed project’s neighborhood. Commissioner Shukla shared her thoughts on the pattern of non-conforming accessory structures present in the proposed project’s neighborhood and the City codes that must be upheld. For this reason, she spoke in favor of a motion to grant the appeal and approve the Variance for the accessory structure, with modified Conditions to restrict this ruling to properties on Bryan Avenue only. Commissioner Davis echoed comments made by Commissioner Shukla and spoke in support of a motion to grant the appeal and approve the Variance for the accessory structure in question. Commissioner Serrone confirmed with Planning Officer Shaunn Mendrin that a decision made by the Planning Commission to deny the appeal and not grant the Variance for the accessory structure may be appealed to the City Council. He added that the City Council may also call this agenda item up for review. Commissioner Serrone confirmed with Associate Planner Taplin that the proposed project site may have one standard ADU (SADU) and one junior accessory dwelling unit (JADU). Commissioner Serrone stated that while he understands the concerns raised by Mr. and Ms. Moser, there does not appear to be a legal justification to support the approval of the Variance for the accessory structure. He added that due to the pattern of non-conforming structures in the proposed project’s neighborhood, consideration should be given to existing requirements for these accessory structures. Chair Pyne shared his thoughts on the proposed project and the findings it is subject to. He also suggested that a reevaluation of setback requirements for the proposed project’s neighborhood should be considered. At Commissioner Howard’s request, Senior Assistant City Attorney Rebecca Moon explained the difference between Deviations and Variances. Commissioner Shukla confirmed with Associate Planner Taplin that the subject accessory structure will need to comply with City requirements for setbacks, be City of Sunnyvale Page 6 Planning Commission Meeting Minutes July 10, 2023 converted to a legal conforming ADU, or be demolished. Vice Chair Iglesias stated that he can make the findings to support the approval of the Variance for the accessory structure in question, and he explained why. He proposed that consideration be given to continuing this agenda item to a different date to allow staff additional time to evaluate the issues raised that apply to the proposed project’s neighborhood at large. Chair Pyne confirmed that staff has already conducted exhaustive research of the permit history for the proposed project site and neighboring properties. Planning Officer Mendrin advised that a proposed study issue would be required for staff to explore revisions to existing City requirements. Chair Pyne responded that he would be interested in such a study issue. MOTION: Commissioner Howe moved and Vice Chair Iglesias seconded the motion to approve Alternative 2 – Grant the appeal and approve the Variance for the accessory structure, subject to the Conditions of Approval in Attachment 4. Commissioner Howe spoke in overall support of the motion and explained why. Commissioner Howard stated that he is not in support of the motion although he is sympathetic to the concerns raised by the applicants. Commissioner Davis voiced his support of the motion and provided reasons why. Commissioner Serrone advised that he is not in favor of the motion. At his request, Chair Pyne explained the process by which the City Council may call up the proposed project for review. Commissioner Serrone confirmed with Associate Planner Taplin that if the Variance for the accessory structure is denied, the accessory structure must be demolished within a given time frame. Chair Pyne stated that while the proposed project meets the second and third findings, it does not meet the first finding. For this reason, he did not support the motion. The motion carried by the following vote: City of Sunnyvale Page 7 Planning Commission Meeting Minutes July 10, 2023 Yes: 4 - Vice Chair Iglesias Commissioner Davis Commissioner Howe Commissioner Shukla No: 3 - Chair Pyne Commissioner Howard Commissioner Serrone This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, July 25, 2023. 3. 23-0533 Proposed Project: Forward Recommendations to the City Council related to the General Plan Air Quality, Noise, Safety, and Environmental Justice Update to: a. Adopt a Resolution to Amend the following Sunnyvale General Plan elements: i. Chapter 1: Introduction (Environmental Justice); ii. Chapter 6: Safety and Noise; and iii. Chapter 7: Environmental Management (Air Quality). b. Introduce an Ordinance to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to Chapter 19.12 (Definitions). c. Accept the Addendum to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element (State Clearinghouse No. 2012032003) of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164. Planning File Number: 2017-7965 Environmental Review: Addendum to the previously certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan. The Sunnyvale Municipal Code updates are exempt from CEQA pursuant to CEQA Guidelines 15061(b)(3) and 15378(b)(5). Project Planner: Mary Jeyaprakash, 408-730-7449, mjeyaprakash@sunnyvale.ca.gov Senior Planner Mary Jeyaprakash presented the staff report with a slide presentation. Commissioner Serrone shared his thoughts on language included in the General Plan amendments and his support for the integration of Environmental Justice objectives in the General Plan. City of Sunnyvale Page 8 Planning Commission Meeting Minutes July 10, 2023 Commissioner Serrone inquired about why the worst pollution appears to be concentrated north of State Route 237 according to the map on page 25 of Attachment 8. Senior Planner Jeyaprakash explained that transportation is a primary reason for pollution and that factors such as proximity to sources of pollution, exposure to pollution, and economic conditions were considered in the creation of this map. Dimitri Antoniou (Air Quality, GHG, Noise CEQA Practice Leader at Ascent Environmental, Inc.) provided additional details on the data that supports the information on the map. At Commissioner Serrone’s request, Senior Planner Jeyaprakash and Principal Planner George Schroeder explained how Environmental Justice policies EJ 1.6 and EJ 1.7 were established and how developers will be encouraged and incentivized to incorporate them in their plans. Commissioner Serrone asked whether the assessment of development projects using the Noise Element’s new standards will prevent housing development near transit. Senior Planner Jeyaprakash answered that site-specific analysis will be conducted to apply appropriate mitigation measures to reduce noise levels. She assured him that the prevention of development near transit is not a desired outcome and that the City strives to provide a high-quality lifestyle for its residents by protecting them from high noise levels. Commissioner Serrone confirmed with Senior Planner Jeyaprakash and Principal Planner Schroeder that vehicle noise and childcare noise are considered ambient noise. Commissioner Serrone confirmed with Senior Planner Jeyaprakash that SN-8.13c addresses sound walls or other noise reduction barriers. Commissioner Serrone confirmed with Senior Planner Jeyaprakash that the General Plan’s chapter on Environmental Management includes a policy that encourages the use of electric landscaping equipment such as leaf blowers. She added that a separate policy in this chapter aims to phase out the use of gas-powered landscaping equipment in City operations. Commissioner Serrone noted that the General Plan’s chapter on Safety and Noise indicates that the City does not provide paramedic services to its own or contracted fire service provider. He added that this chapter also notes that the Department of Homeland Security has stated that interoperability is a top priority for Public Safety agencies nationwide. He suggested that consideration be given to these items so that they may be updated. City of Sunnyvale Page 9 Planning Commission Meeting Minutes July 10, 2023 Commissioner Davis commented that air pollution will be significantly reduced only once the City is developed in a way that limits the need for modes of transportation that emit particulate pollution from brakes and tires. He also stated that walking and bicycling should be considered normal means of transportation rather than alternative means of transportation. Commissioner Davis confirmed with Senior Planner Jeyaprakash that traffic calming qualifies as a noise abatement measure. Commissioner Shukla noted that there are trees which can trap particulate matter and act as noise barriers, and she asked whether a policy may be included in the General Plan to encourage the use of these trees in new developments. Senior Planner Jeyaprakash answered that while policies in the General Plan cover general items and do not list specific trees, City staff may encourage developers to include such trees in their project plans. Chair Pyne confirmed with Planning Officer Mendrin and Principal Planner Schroeder that the census tracts will not reflect the likely increase in residential population in the Moffett Park area for many years to come. Chair Pyne confirmed with Senior Planner Jeyaprakash that none of the tracts in Sunnyvale contain what is defined as a food desert. For this reason, the General Plan may not include language that addresses this circumstance as a health and safety issue. Chair Pyne inquired about how the City plans to prioritize the addition of schools in low-income communities. Senior Planner Jeyaprakash answered that Environmental Justice policy EJ 1.3 encourages the development of such public facilities in low-income and high-pollution burden bearing communities. Chair Pyne opened the Public Hearing. Agnes Veith, Sunnyvale resident and member of Livable Sunnyvale, inquired about the goals and policies listed in Attachment 11 and the goals listed on slide 12 of the staff presentation. In particular, she asked about how often these goals will be updated upon determination of their effectiveness and how the results of these goals will be shared with the members of the public. Chair Pyne closed the Public Hearing. City of Sunnyvale Page 10 Planning Commission Meeting Minutes July 10, 2023 MOTION: Commissioner Howard moved and Commissioner Davis seconded the motion to approve Alternative 1 – Forward Recommendations to the City Council to take the following actions: a.) Adopt a Resolution (Attachment 2) to Amend the following Sunnyvale General Plan elements: i. Chapter 1: Introduction (Environmental Justice); ii. Chapter 6: Safety and Noise; and iii. Chapter 7: Environmental Management (Air Quality). b.) Introduce an Ordinance (Attachment 3) to repeal and replace Sunnyvale Municipal Code (SMC) Section 19.42.030 (Noise or Sound Level) and make related changes to Chapter 19.12 (Definitions). c.) Accept the Addendum (Attachment 4) to the Previously Certified Environmental Impact Report for the Land Use and Transportation Element of the Sunnyvale General Plan pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15164. Commissioner Howard noted the effort and attention to detail that staff invested to revise and amend the General Plan and make sure that state and public consideration were taken into account. Commissioner Davis spoke in support of the motion and the General Plan’s focus on environmental justice. Chair Pyne voiced his support of the motion, highlighted the hard work staff invested to update the General Plan, and stated that the amended General Plan is worthy of the City Council’s support and adoption. The motion carried by the following vote: Yes: 7 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 City of Sunnyvale Page 11 Planning Commission Meeting Minutes July 10, 2023 This recommendation will be forwarded to the City Council for consideration at the July 25, 2023 meeting. 4. 23-0682 Forward Recommendation to the City Council: Proposed Project: Downtown Specific Plan Amendment Initiation to study changes to the development intensities and standards for Block 18 of the Downtown Specific Plan to allow an increase to the allowable maximum office square footage of 205,000 square feet and increase the maximum allowable building height from 75 feet to 85 feet. File #: PLNG-2023-0306 Location: Downtown Specific Plan Block 18 (bounded by W. Washington Avenue, S. Sunnyvale Avenue, W. Iowa Avenue and S. Mathilda Avenue) Zoning: DSP/18 (Downtown Specific Plan, Block 18) Applicant / Owner: STC Venture Block LLC and related entities (applicant and owner) Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Project Planner: Shétal Divatia, (408) 730-7637, sdivatia@sunnyvale.ca.gov Planning Officer Shaunn Mendrin presented the staff report with a slide presentation. Chair Pyne confirmed with Planning Officer Mendrin that the existing Development Agreement allows developments in the southern portion of Sub-block 6 to be a maximum of 85 feet in height. If no action is taken regarding this matter, then the Planning Commission would be increasing the maximum height of developments in the northern portion of Sub-block 6 only. Chair Pyne asked why this item was not considered along with other portions of Block 18 in 2020. Planning Officer Mendrin answered that the applicants will be better able to address this question. Commissioner Serrone confirmed with Planning Officer Mendrin that new state laws will apply to the amendment of the approved Development Agreement. At Commissioner Serrone’s request, Planning Officer Mendrin explained what is meant by, “evaluate the development standard for the transition of the buildings on Sunnyvale Avenue,” as noted in the staff report. Commissioner Serrone asked whether a community room that was proposed as a City of Sunnyvale Page 12 Planning Commission Meeting Minutes July 10, 2023 community benefit in 2020 is present on the proposed project site. Planning Officer Mendrin responded that the applicant may address this question. Commissioner Serrone confirmed with Planning Officer Mendrin that although the existing Development Agreement does not require retail along Washington Avenue for Sub-block 6, the Planning Commission may include this recommendation in their motion. Commissioner Serrone thanked City staff and STC LLC (Cityline) for working together to rebuild our downtown over many years and especially during the COVID-19 pandemic. Commissioner Howard confirmed with Planning Officer Mendrin that the proposed maximum allowable building height is being increased to allow for additional commercial space and potential retail space on the ground floor of developments. Commissioner Howard confirmed with Planning Officer Mendrin that the massing studies and design standards in the Downtown Specific Plan (DSP) address the height transitions of developments on Sunnyvale Avenue and Murphy Avenue. Commissioner Howard spoke in support Commissioner Serrone’s recommendation to encourage a minimum for retail units on the ground floor of developments along Washington Avenue. Commissioner Howe confirmed with Planning Officer Mendrin that if results from the DSP amendment initiation study suggests changes to the development intensities and standards for Block 18 of the DSP, these changes and any proposed changes to the Development Agreement will be considered by the Planning Commission. At Commissioner Shukla’s request, Planning Officer Mendrin explained why 22,103 square feet of flex space on Sub-block 3 North will be converted to office space. Chair Pyne opened the Public Hearing. Josh Rupert (representative of STC Block 6) presented additional information about the proposed project. Commissioner Howe asked whether Mr. Rupert may provide details on proposed and cumulative retail for each proposed project on Block 18 at a later time. Mr. Rupert agreed to do so. City of Sunnyvale Page 13 Planning Commission Meeting Minutes July 10, 2023 At Commissioner Howe’s request, Planning Officer Mendrin explained why applications for a Downtown Specific Plan Amendment and Development Agreement amendments may not be accepted until after January 1, 2024. Commissioner Shukla commented that retail and commercial space work in conjunction to make the City’s downtown area a vibrant space that will attract many. At Commissioner Shukla’s request, Mr. Rupert explained why the maximum height on the northern half of Sub-block 6 is being increased by 10 feet. At Commissioner Shukla’s request, Dave Hopkins (representative of Sares Regis) explained the massing planned for Sub-block 6 and the mid-block road that will connect to the adjacent block. He also assured her that retail will be included on the ground floor of developments on Sub-block 6. At Commissioner Shukla’s request, Mr. Rupert provided additional information on the flex space that will be located on Sub-block 3N and be designated for commercial office use. Mr. Rupert also provided details on the community room located at 241 Taaffe Street. Commissioner Serrone confirmed with Mr. Rupert that spaces on the ground floor of planned developments for Sub-block 6 will be designated for retail use. Mr. Rupert also explained why he is unable to specify a minimum for retail units at this time. Planning Officer Mendrin added that a market analysis will be conducted as required by the General Plan amendment and the applicant will then submit a proposal for how much retail will be included for the developments on Sub-block 6. At that time, the Planning Commission and City Council may make recommendations on the minimum for retail units. Commissioner Serrone confirmed with Planning Officer Mendrin that uses for retail spaces in the downtown area must adhere to commercial use as defined in the DSP. Commissioner Serrone suggested that the City consider accepting applications for a DSP amendment and Development agreement amendments prior to January 1, 2024, and explained why. Commissioner Howard confirmed with Mr. Hopkins that the public park on Sub-block 6 is anticipated to be completed in July 2024. Mr. Hopkins added that City of Sunnyvale Page 14 Planning Commission Meeting Minutes July 10, 2023 there are ongoing leasing negotiations for restaurants on the west side of Murphy Avenue, and Mr. Rupert shared additional details for planned retail on Sub-block 3N. Commissioner Howard confirmed with Mr. Rupert that the public art piece is planned to remain on the block across from Whole Foods. Commissioner Davis confirmed with Mr. Rupert that 150 to 200 employees are expected to be supported by the increase of 205,000 square feet of office space in Sub-block 6. Commissioner Davis commented that the proposed project will be a nice, vibrant addition to the downtown area. Commissioner Davis asked whether the inclusion of more housing was considered for Sub-block 6, and Mr. Hopkins provided details on this matter. Vice Chair Iglesias confirmed that while the applicants are supportive of Alternative 1, they do not agree with Alternative 2 since it prevents applications for a DSP amendment and Development Agreement amendments to be submitted before January 1, 2024. Vice Chair Iglesias commented that he agrees with Commissioner Howe’s suggestion that the applicants provide feedback on the amount of retail space that will be devoted to Sub-block 6 over time. Mr. Rupert agreed that this is something that would be done regardless since he considers it an organic part of the application process. Vice Chair Iglesias discussed the expected number of employees for the offices of Sub-block 6 considering a post-COVID-19 environment. Vice Chair Iglesias noted that the density associated with housing and office developments will likely result in more retail downtown. At Chair Pyne’s request, Planning Officer Mendrin explained the outcome of applications for a DSP amendment and Development Agreement amendments submitted before January 1, 2024. Chair Pyne commended the applicants for improvements they have made to the downtown area. At Chair Pyne’s request, Mr. Rupert explained that their intent to make the AMC City of Sunnyvale Page 15 Planning Commission Meeting Minutes July 10, 2023 signage visible from Murphy Avenue will not be impacted by development in Sub-block 6. Chair Pyne stated that he would be interested in a rendering of this view from the pedestrian mall on Murphy Avenue at a later time. Commissioner Howe and Mr. Rupert discussed a potential revision to Alternative 2. There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. MOTION: Commissioner Howe moved and Commissioner Howard seconded the motion to recommend to City Council Alternative 1 and a modified Alternative 2. These are stated below: Alternative 1: Initiate a Downtown Specific Plan Amendment study to consider amending Block 18 of the Downtown Specific Plan to increase the allocated office use square footage by 205,000 square feet above the maximum office square footage; increase the maximum building height from 75 feet to 85 feet for Sub-block 6; evaluate the development standard for the transition of the buildings on Sunnyvale Avenue; and consider Amendments to the current Development Agreement between the City and STC LLC (Cityline); and, find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Modified Alternative 2 – City staff will monitor the progress of other applications and studies to determine if applications can be submitted earlier than January 1, 2024. The applicant is encouraged to continue working on the details of the retail and share that information with the City. Commissioner Howe provided a brief overview of his proposed motion, commended the applicants on the work they have done to date, and noted that the proposed project will improve the downtown area. He also emphasized that the Planning Commission values the inclusion of retail in developments. Commissioner Howard thanked Mr. Rupert for his energy and for the role he played in developing the City’s downtown area. Chair Pyne spoke in support of the motion and the proposed project. The motion carried by the following vote: City of Sunnyvale Page 16 Planning Commission Meeting Minutes July 10, 2023 Yes: 7 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 This recommendation will be forwarded to the City Council for consideration at the August 8, 2023 meeting. 5. 23-0717 Selection of Chair Vice Chair Iglesias nominated Chair Pyne to remain Chair of the Planning Commission. Chair Pyne answered that he would be happy to continue serving as Chair of the Planning Commission. Chair Pyne opened the Public Hearing. There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. Commissioner Shukla voiced her support of Chair Pyne continuing to serve as Chair of the Planning Commission. MOTION: Commissioner Shukla moved and Commissioner Howe seconded the motion to select Planning Commissioner Pyne as Chair of the Planning Commission. The motion carried by the following vote: Yes: 7 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 City of Sunnyvale Page 17 Planning Commission Meeting Minutes July 10, 2023 6. 23-0718 Selection of Vice Chair Commissioner Howe nominated Vice Chair Iglesias to remain Vice Chair of the Planning Commission. Vice Chair Iglesias confirmed that he would be excited to continue serving as Vice Chair of the Planning Commission. Commissioner Howard encouraged his fellow Commissioners to further their development by assuming the roles of Chair and Vice Chair, if desired. Chair Pyne spoke in support of Commissioner Howard’s comment. Vice Chair Iglesias nominated Commissioner Serrone as Vice Chair of the Planning Commission. Commissioner Serrone answered that he is in support of Vice Chair Iglesias remaining Vice Chair of the Planning Commission. 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 Commissioner Davis seconded the motion to select Planning Commissioner Iglesias as Vice Chair of the Planning Commission. The motion carried by the following vote: Yes: 7 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 7. 23-0719 Selection of Seats Commissioner Howe requested that, for Americans with Disabilities Act (ADA) reasons, the first seat from the right (when facing the dais from the podium) be assigned to him. The other Planning Commissioners then selected their preferred seats. Chair Pyne opened the Public Hearing. City of Sunnyvale Page 18 Planning Commission Meeting Minutes July 10, 2023 There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. The Commissioners agreed by general consent to select seats for the coming year in the following order from left to right facing the dais from the podium: Commissioner Howard, Commissioner Serrone, Commissioner Davis, Chair Pyne, Vice Chair Iglesias, Commissioner Shukla, Commissioner Howe. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. 8. 23-0720 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Chair Pyne welcomed Commissioner Davis to the Planning Commission. -Staff Comments Planning Officer Mendrin informed the Planning Commissioners that the training that will be offered by the Department of Public Safety regarding the security of the Council Chambers and Bay Conference Room has been rescheduled for Tuesday, September 26, 2023 at 6 p.m. Chair Pyne added that the Moffett Park Specific Plan will be reviewed by the City Council on July 11, 2023. ADJOURNMENT Chair Pyne adjourned the meeting at 10:58 PM. City of Sunnyvale Page 19