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Planning Commission

Regular Meeting

Sunnyvale, CA · August 28, 2023

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Planning Commission Monday, August 28, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: No Study Session | Public Hearing - 7:00 PM NO STUDY SESSION 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: 6 - Chair Martin Pyne Commissioner Galen Kim Davis Commissioner Daniel Howard Commissioner John Howe Commissioner Michael Serrone Commissioner Neela Shukla Absent: 1 - Vice Chair Nathan Iglesias Vice Chair Iglesias’ absence is excused. ORAL COMMUNICATIONS None. CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Howe moved and Commissioner Shukla seconded the City of Sunnyvale Page 1 Planning Commission Meeting Minutes August 28, 2023 motion to approve the Consent Calendar. The motion carried by the following vote: Yes: 6 - Chair Pyne Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 Absent: 1 - Vice Chair Iglesias 1. 23-0844 Approve Planning Commission Meeting Minutes of August 14, 2023 Approve Planning Commission Meeting Minutes of August 14, 2023 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2. 23-0704 Proposed Project: Related applications on a 0.40-acre site: SPECIAL DEVELOPMENT PERMIT: to allow demolition of an existing one-story single-family residence and construct eight three-story townhomes. TENTATIVE MAP: to subdivide the parcel into eight lots plus a common lot. Location: 444 Old San Francisco Road (APN: 211-01-031) File #: 2020-7112 Zoning: R-4/PD (High Density Residential/Planned Development Combining District) Applicant / Owner: Silicon Valley Wzredwood Capital LLC (Applicant/Owner) Environmental Review: A Class 32 Categorical Exemption relieves this project from 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. She clarified that the average residential unit size for the proposed project is 2,490 square feet. She also added that these units will include fiber glass entry doors and steel garage doors with a faux-wood finish. At Commissioner Davis’ request, Senior Planner Vashist explained why the proposed project will include eight residential units although the General Plan Policy City of Sunnyvale Page 2 Planning Commission Meeting Minutes August 28, 2023 HE-4.3 requires at least nine units for the proposed project site. Senior Planner Vashist also clarified how the proposed project is substantially compliant with the intent of this policy. Commissioner Davis confirmed with Senior Planner Vashist that the sidewalk on the proposed project site will be widened. Commissioner Davis asked about the allowable density for the proposed project site if the proposed project had included affordable housing units. Senior Planner Vashist stated that she would provide an answer at a later time. Commissioner Davis confirmed with Senior Planner Vashist that the proposed project’s setbacks on the side abutting the adjacent senior housing development is 15 feet. Senior Planner Vashist also confirmed that the overall height of the proposed project is 47 feet where 55 feet is allowed. Commissioner Shukla confirmed with Senior Planner Vashist that the proposed project’s community space may be utilized by all residents of the proposed project. Commissioner Shukla and Senior Planner Vashist discussed the naming process for the new street addresses of the proposed project’s residential units. Commissioner Serrone confirmed with Senior Planner Vashist that the proposed project is subject to the City’s Reach Codes pertaining to EV chargers. Commissioner Serrone confirmed with Senior Planner Vashist that the applicant’s acoustical consultant will review the proposed project’s final construction drawings and determine that all proposed measures to reduce noise will meet City standards. Commissioner Serrone inquired about Americans with Disabilities Act (ADA) requirements that the proposed project is subject to. Senior Planner Vashist stated that the applicant may provide additional details on this subject. Commissioner Serrone confirmed with Senior Planner Vashist that although the applicant applied for a Senate Bill No. 330 (SB 330) Preliminary Application, this permit is not required of all developments. Chair Pyne confirmed with Senior Planner Vashist that the process for determining the street address for each of the proposed project’s residential units will take place City of Sunnyvale Page 3 Planning Commission Meeting Minutes August 28, 2023 at the building permit stage. Principal Planner George Schroeder added that each unit will likely be assigned a designated number. Chair Pyne expressed his concerns about the legality of allowing the proposed project to deviate from such objective standards and policies as constructing a minimum of 75% of the maximum allowable zoning density. Senior Planner Vashist and Principal Planner Schroeder explained that projects are reviewed on an individual basis and deviations are discretionary. They added that, in this case, a deviation to the aforementioned policy was supported since the proposed project provides home ownership opportunities, and it is not able to include an additional unit due to constraints posed by the proposed project site. Commissioner Howard inquired about the applicant’s choice to pay an in-lieu fee to satisfy the requirement of 1.2 Below Market Rate (BMR) units. Senior Planner Vashist stated that the applicant may elaborate on this matter later. Chair Pyne opened the Public Hearing. Henry Hong Zeng, architect for the proposed project, presented additional information about the proposed project. Commissioner Serrone discussed with Mr. Zeng and Joyce Liu (representative of the property owner) the features of the proposed project’s ADA unit and the codes it must comply with. Commissioner Davis confirmed with Senior Planner Vashist that recessed windows for the proposed project were recommended and not required. Diana Lord spoke in support of the proposed project’s design and ability to provide housing. She also discussed her concerns regarding the negative impacts that the proposed project will have upon noise, traffic, and parking on the adjacent senior housing development’s parking lot. Chair Pyne discussed with Ms. Lord the current process for regulating unauthorized parking at the senior housing development’s parking lot. Ms. Liu presented additional information about the proposed project. Commissioner Shukla and Ms. Liu deliberated upon the proposed project’s initial City of Sunnyvale Page 4 Planning Commission Meeting Minutes August 28, 2023 application and its evolution to its current state. Chair Pyne closed the Public Hearing. Commissioner Howard confirmed with Senior Planner Vashist that the Planning Commission is not required to address the in-lieu fee requested by the applicant to satisfy the BMR requirement since this matter is not under their discretion. Commissioner Davis commended the proposed project’s ability to provide sizeable ownership units that may support a three-generation household. He also recognized that the proposed project complies with almost all of the City’s objective standards. Commissioner Shukla applauded the applicant for considering feedback provided by the Planning Commission at a previous study session. She complimented the proposed project’s inclusion of a living room and half bathroom on the first floor, its ability to act as multigenerational housing, and its use of trees that will mitigate street sound. She also noted her concerns regarding the proposed project’s lack of street parking and insufficient lighting for its common space. MOTION: Commissioner Howe moved and Commissioner Howard seconded the motion to approve Alternative 1 – Make the required Findings to approve the CEQA determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 3 and approve the Special Development Permit and Tentative Map subject to the Findings in Attachment 3, the Recommended Conditions of Approval in Attachment 4, and the noted clarifications in the staff report. The clarifications to the staff report are as follows: 1.) The average residential unit size is 2,490 square feet. 2.) The fiber glass entry doors and steel garage doors with a faux-wood finish would complement the proposed architectural style. Commissioner Howe stated that the parking requirements for the proposed project have been met, and the inclusion of an additional residential unit would reduce the square footage of the planned number of residential units for the proposed project. Commissioner Howard spoke in overall support of the proposed project. City of Sunnyvale Page 5 Planning Commission Meeting Minutes August 28, 2023 Commissioner Serrone voiced his support of the motion and the proposed project. He also noted available parking options surrounding the proposed project site and stated that the fence that will be located on the street frontage of the proposed project site will serve decorative purposes if not act as a buffer for noise. Commissioner Davis confirmed his support of the motion and emphasized that the proposed project meets the City’s parking requirements. Chair Pyne expressed his support of the motion. He added that while he would have favored the inclusion of more units, findings for the deviation to the General Plan Policy HE-4.3 are substantially met to support the planned number of units for the proposed project. He also stated that findings for the requested deviation to the setback requirements are met. He applauded the proposed project’s compliance with green space and parking lot shading requirements and its ability to provide ownership opportunities. Lastly, he advocated for a new parking enforcement system for the adjacent senior housing development to prevent unauthorized visitors from occupying parking spaces. The motion carried by the following vote: Yes: 6 - Chair Pyne Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 Absent: 1 - Vice Chair Iglesias This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, September 12, 2023. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. INFORMATION ONLY REPORTS/ITEMS None. City of Sunnyvale Page 6 Planning Commission Meeting Minutes August 28, 2023 3. 23-0845 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments None. -Staff Comments Planning Officer Shaunn Mendrin informed the Commissioners that the appeal of the proposed project at 148 and 156 Crescent Avenue will be considered at the City Council meeting of August 29, 2023. Planning Officer Mendrin advised that the Planning Commission meeting of September 11, 2023 is canceled. Planning Officer Mendrin stated that there will be a joint meeting of the City Council with Board and Commission Chairs and Vice Chairs on November 14, 2023. Planning Officer Mendrin announced that the training offered by the Department of Public Safety regarding the security of the Council Chambers and Bay Conference Room has been rescheduled to Tuesday, October 24, 2023 at 6 p.m. ADJOURNMENT Chair Pyne adjourned the meeting at 8:37 PM. City of Sunnyvale Page 7

Agenda

City of Sunnyvale Notice and Agenda Planning Commission Monday, August 28, 2023 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: No Study Session | Public Hearing - 7:00 PM Meeting Online Link: https://sunnyvale-ca-gov.zoom.us/j/91827390357 Public Participation • In-person participation: You may provide public comment by filling out a speaker card (optional) and giving it to the Recording Officer. • Online participation: You may provide audio public comment by connecting to the meeting online or by telephone. Use the Raise Hand feature to request to speak (*9 on a telephone): Meeting Online Link: https://sunnyvale-ca-gov.zoom.us/j/91827390357 Meeting call-in telephone number: 833-548-0276 | Meeting ID: 918 2739 0357 (*9 to request to speak | *6 to unmute/mute) • Watch the Planning Commission meeting at http://youtube.com/SunnyvaleMeetings or on television over Comcast Channel 15, AT&T Channel 99 • Submit written comments to the Planning Commission no later than 4 hours prior to the meeting start to planningcommission@sunnyvale.ca.gov or by mail to: Sunnyvale Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707 • Review recordings of this meeting and past meetings at https://sunnyvaleca.legistar.com/calendar.aspx or http://youtube.com/SunnyvaleMeetings Accessibility/Americans with Disability Act (ADA) Notice Pursuant to the Americans with Disabilities Act (ADA), if you need special City of Sunnyvale Page 1 Printed on 8/21/2023 Planning Commission Notice and Agenda August 28, 2023 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)). NO STUDY SESSION 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Call to Order via teleconference and in the Bay Conference Room. SALUTE TO THE FLAG 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. 23-0844 Approve Planning Commission Meeting Minutes of August 14, 2023 Recommendation: Approve Planning Commission Meeting Minutes of August 14, 2023 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS City of Sunnyvale Page 2 Printed on 8/21/2023 Planning Commission Notice and Agenda August 28, 2023 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. 23-0704 Proposed Project: Related applications on a 0.40-acre site: SPECIAL DEVELOPMENT PERMIT: to allow demolition of an existing one-story single-family residence and construct eight three-story townhomes. TENTATIVE MAP: to subdivide the parcel into eight lots plus a common lot. Location: 444 Old San Francisco Road (APN: 211-01-031) File #: 2020-7112 Zoning: R-4/PD (High Density Residential/Planned Development Combining District) Applicant / Owner: Silicon Valley Wzredwood Capital LLC (Applicant/Owner) Environmental Review: A Class 32 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions. Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Recommendation: Alternative 1: Make the required Findings to approve the CEQA determination that the project is categorically exempt from further environmental review pursuant to CEQA Guidelines Section 15332 as noted in Attachment 3 and approve the Special Development Permit and Tentative Map subject to the Findings in Attachment 3 and recommended Conditions of Approval in Attachment 4. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES INFORMATION ONLY REPORTS/ITEMS 3. 23-0845 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments -Staff Comments City of Sunnyvale Page 3 Printed on 8/21/2023 Planning Commission Notice and Agenda August 28, 2023 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 72 hours before the meeting on the City’s website at sunnyvale.ca.gov and during normal business hours at the NOVA Workforce Services reception desk located on the first floor of City Hall at 456 W. Olive Avenue. 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 4 Printed on 8/21/2023

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