Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, October 9, 2023 6:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Study Session - 6:00 PM | Public Hearing - 7:00 PM 6 P.M. STUDY SESSION Call to Order Vice Chair Iglesias called the meeting to order at 6:00 PM. 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 Study Session A. 23-0962 Proposed Project: Related applications on a 45.6-acre site: USE PERMIT: Demolish an existing recreation center and six-level parking structure and construct a new 592,567 square foot research and development (R&D) building along Central Expressway. Demolish four buildings (928 East Arques Avenue, 242 Commercial Street, 230 Commercial Street, and 222 Commercial Street) and construct a seven-story parking structure along Commercial Street. Install associated site improvements around the proposed R&D building and parking structure. Demolish the building at 930 East California Avenue and allow for the expansion of an existing PG&E electrical substation at 930 East California Avenue. Retain four existing industrial/office/R&D buildings, including Building 81 (974 East Arques Avenue), Building 85 (978 East Arques Avenue), a central utility plant, and the building at 930 East Arques Avenue. The project includes merging seven existing lots together to form a larger campus parcel, and one existing lot City of Sunnyvale Page 1 Planning Commission Meeting Minutes October 9, 2023 would remain at 222 Commercial Street. VARIANCE: to exceed the maximum height limit and floor plate sizes specified in the Arques Campus Specific Plan. Location: 974 East Arques Avenue (APNs: 205-36-006, -007 and -008); 928-930 East Arques Avenue (APN: 205-35-017); 222, 230 and 242 Commercial Street (APNs: 205-35-006, 007 and 008) and 930 East California Street (APN 205-35-003). File #: PLNG-2023-0134 Zoning: M-S (Industrial and Service) Applicant / Owner: Applied Materials (applicant and owner) Environmental Review: The project is consistent with the Applied Materials Arques Campus Specific Plan EIR and 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: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Adjourn Study Session 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Chair Pyne called the meeting to order at 7:05 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. City of Sunnyvale Page 2 Planning Commission Meeting Minutes October 9, 2023 MOTION: Commissioner Howe moved and Vice Chair Iglesias seconded the motion to approve the Consent Calendar. 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 1. 23-0958 Approve Planning Commission Meeting Minutes of September 25, 2023 Approve Planning Commission Meeting Minutes of September 25, 2023 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2. 23-0837 Forward Recommendation to the City Council: Proposed Project: General Plan Amendment Initiation to consider amending the General Plan land use designation from Low Density Residential to Low-Medium Density Residential Location: 781 S. Wolfe Road (APN: 211-05-009) File #: PLNG-2023-0521 Zoning: R-0 (Low Density Residential) Applicant/Owner: California Communities, LLC (applicant) / Yamaoka Larry K Trustee (owner) Environmental Review: The project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a) Project Planner: Kelly Cha, (408) 730-7408, kcha@sunnyvale.ca.gov Associate Planner Kelly Cha presented the staff report with a slide presentation. Vice Chair Iglesias confirmed with Associate Planner Cha that environmental and traffic studies will be conducted upon approval of the initiation of a General Plan Amendment study to analyze amending the General Plan land use designation from Low Density Residential to Low-Medium Density Residential at 781 S. Wolfe Road. City of Sunnyvale Page 3 Planning Commission Meeting Minutes October 9, 2023 At Vice Chair Iglesias’ request, Associate Planner Cha explained the outcome if the Planning Commission recommends Alternative 1 to the City Council. Commissioner Serrone received clarification from Associate Planner Cha about why the alteration of the land use designation for the proposed project site is not considered spot zoning. Commissioner Serrone confirmed with Associate Planner Cha that a lower density designation was requested for the Firethorn Terrace development to allow for the establishment of single-family homes. Commissioner Serrone and Associate Planner Cha discussed the possibility of including accessory dwelling units (ADU) and junior accessory dwelling units (JADU) on the single-family properties that will be permitted if the land use designation for the proposed project site becomes Low-Medium Density Residential. Commissioner Serrone confirmed with Associate Planner Cha that privacy mitigation measures may be considered for the proposed project site once detailed plans are provided after the modification of the land use designation for the proposed project site is approved. Commissioner Serrone was informed by Associate Planner Cha that the concept plans for the proposed project includes a two-car garage and a two-car driveway for each single-family property. Associate Planner Cha added that the provision of guest parking is not a requirement for single-family developments. At Commissioner Howard’s request, Associate Planner Cha explained the distinction between a General Plan Amendment Initiation and a General Plan Amendment. She also elaborated on the processes associated with each. Commissioner Howard proposed the inclusion of a pedestrian passageway from Lusterleaf Drive to Wolfe Road. He also suggested that the proposed project site include single-family homes with a central parking area and driveway like the ones approved for 838 Azure Street. Commissioner Davis confirmed with Associate Planner Cha that the minimum lot size for developments in R-0 and R-2 zoning is 6,000 square feet while the minimum lot size for developments in R-1 zoning is 8,000 square feet. For this reason, a Special Development Permit would be required for proposed developments that deviate from the minimum lot size and width requirements. City of Sunnyvale Page 4 Planning Commission Meeting Minutes October 9, 2023 Commissioner Davis and Associate Planner Cha discussed the parking requirements, permitted dwelling units, and size requirements for developments depending upon their zoning designation. Chair Pyne asked whether the General Plan Amendment study would involve a parking analysis for the proposed project site’s surrounding area. Principal Planner George Schroeder answered that while it would not, the Planning Commission may recommend that it does. Principal Planner Schroeder added that the Planning Commission may also recommend the examination of safe routes to school as they apply to the proposed project site. Chair Pyne confirmed with Associate Planner Cha that decisions regarding connecting developments on the proposed project site to Wolfe Road or Lusterleaf Drive may be made after the completion of the General Plan Amendment study and during the development application review process. Chair Pyne opened the Public Hearing. Forrest Mozart, applicant, presented information about the proposed project. Commissioner Davis confirmed that the applicant did not reside in the existing property on the proposed project site. Neelambari Paradkar, Sunnyvale resident, shared her concerns regarding the proposed project’s impact on parking, traffic, safety, street cleanliness, and privacy for surrounding residents. Prajakta Vantak, Sunnyvale resident presenting on behalf of residents in the Firethorn Terrace development, requested that consideration be given to preserving the existing greenery on the proposed project site, safeguarding the privacy and well-being of residents in neighboring developments, providing ample parking within new developments on the proposed project site, and maintaining the existing exit on Lusterleaf Drive. Bryan Williams, Sunnyvale resident, noted the safety hazard that may result from the potential increase in through traffic on Wolfe Road if the land use designation at 781 S. Wolfe Road becomes Low-Medium Density Residential. He also shared his concerns for personal safety since an increase in the number of cars parked in the neighborhood will make surveillance for theft activity difficult. City of Sunnyvale Page 5 Planning Commission Meeting Minutes October 9, 2023 Stephen Meier emphasized the importance of pathways on the proposed project site to allow for easy access among pedestrians and bicyclists. Gomathy Bala, Sunnyvale resident, suggested that the General Plan Amendment study include a parking and traffic analysis to address concerns raised by residents adjacent to the proposed project site. She added that this analysis should also consider whether the entrance for the proposed development should be placed on Lusterleaf Drive or Wolfe Road. Mr. Mozart presented additional information about the proposed project. Chair Pyne closed the Public Hearing. Vice Chair Iglesias spoke in support of a General Plan Amendment study that includes a parking and traffic analysis to evaluate issues identified by residents. MOTION: Commissioner Howard moved and Commissioner Shukla seconded the motion to approve Alternative 1 – Recommend that the City Council initiate a General Plan Amendment Study to analyze amending the General Plan land use designation from Low Density Residential to Low-Medium Density Residential at 781 S. Wolfe Road, pursuant to the Applicant’s request and find that the Action is Exempt from CEQA pursuant to CEQA Guidelines Section 15378(a). Commissioner Howard addressed concerns raised by residents regarding traffic around school zones and the proposed project’s impact upon neighborhood crime rates and traffic on Wolfe Road. He also spoke in support of changing the land use designation for the proposed project site to Low-Medium Density Residential and including a pathway for pedestrians and bicyclists to visit the local shopping center. Commissioner Davis thanked members of the public for sharing their concerns with the Planning Commission and spoke in overall support of the motion. Commissioner Shukla voiced her support of placing the entrance for the proposed developments on Lusterleaf Drive. She also acknowledged the concerns raised and stated her support of the motion. Commissioner Serrone and Associate Planner Cha discussed the steps that would follow if the Planning Commission approved the proposed motion. He then confirmed his support of the motion. Commissioner Howe confirmed with Commissioner Howard that the motion does City of Sunnyvale Page 6 Planning Commission Meeting Minutes October 9, 2023 not include a parking analysis. Chair Pyne stated his support of the motion, the placement of the proposed development entrance on Lusterleaf Drive, and changing the land use designation at 781 S. Wolfe Road to Low-Medium Density Residential. He also echoed concerns regarding traffic on Wolfe Road and the negative impacts that the proposed development might have upon street parking in the area. 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 This recommendation will be forwarded to the City Council for consideration at the November 14, 2023 meeting. 3. 23-0932 Proposed Project: Related applications on a 5.82-acre site: SPECIAL DEVELOPMENT PERMIT: to demolish an existing surface parking lot at the rear of two existing office/R&D buildings and construct 225 apartment units at a density of 112.5 dwelling units per acre in an eight-story building inclusive of three levels of above-ground parking. TENTATIVE PARCEL MAP: to relocate the existing lot line between the two office/R&D building lots, resulting in a 3.82-acre lot for the office/R&D buildings and a two-acre lot for the apartment development. Location: 1150-1170 Kifer Road (APNs: 205-50-034 and 205-50-035) File #: 2022-7168 Zoning: MXD-I (Flexible Mixed-Use I) Applicant / Owner: Prometheus Real Estate Group (applicant) / 1150 Kifer LP (owner) Environmental Review: No additional review required as per CEQA Guidelines 15162 and 15168(c)(2) and (4) - environmental impacts of the project are addressed in the 2016 Lawrence Station Area Plan Environmental Impact Report (EIR - State Clearinghouse No. 2013082030) and 2021 Lawrence Station Area Plan Update/Intuitive Surgical Corporate Campus Project Subsequent Environmental City of Sunnyvale Page 7 Planning Commission Meeting Minutes October 9, 2023 Impact Report (SEIR - State Clearinghouse No. 2019012022) Project Planner: George Schroeder, (408) 730-7443, gschroeder@sunnyvale.ca.gov Principal Planner George Schroeder presented the staff report with a slide presentation. Commissioner Howe, Chair Pyne, Commissioner Davis, Commissioner Serrone, and Commissioner Shukla disclosed that each of them separately engaged in discussions regarding the proposed project with the applicant team through email, telephone, and either virtual or in-person meetings. Commissioner Howard noted that the shared use path with Savoy is not wide enough. He and Principal Planner Schroeder discussed how the City coordinates shared paths such as this one that have different property owners. Commissioner Serrone and Principal Planner Schroeder discussed the requirements for the shared parking between the office and residential developments and whether these requirements would apply if either of the developments was demolished and redeveloped. Commissioner Serrone confirmed with Principal Planner Schroeder that the parking management plan addresses parking for the residential development. He added there is a potential for unbundled parking to be included since it is encouraged by the Lawrence Station Area Plan (LSAP). Commissioner Serrone and Principal Planner Schroeder discussed how the Lawrence Expressway Grade Separation project pertains to the proposed project. Commissioner Shukla and Principal Planner Schroeder discussed the outcome for properties that will be impacted by the Lawrence Expressway Grade Separation project. Chair Pyne and Principal Planner Schroeder discussed claims made by the Laborers International Union of North America (LIUNA) that the proposed project does not incorporate the Feasible Air Quality Mitigation Measures Required by the 2016 LSAP Environmental Impact Report (EIR) and 2021 LSAP Update/Intuitive Surgical Corporate Campus Project Subsequent EIR. Chair Pyne opened the Public Hearing. Jonathan Stone (applicant) and Alan Jones (project architect) presented images and information about the proposed project. City of Sunnyvale Page 8 Planning Commission Meeting Minutes October 9, 2023 Upon Commissioner Serrone’s request, Mr. Stone explained how Lawrence Caltrain station noise will be mitigated. Commissioner Serrone confirmed with Mr. Stone that the proposed project will include garage-specific elevators. Commissioner Shukla confirmed with Mr. Stone that the proposed project will include a variety of unit types (from studios to three-bedroom units and two-story townhome units) to accommodate diverse needs. Rene Baez, field representative for Carpenters Local 405, spoke of the importance of apprenticeship programs, healthcare for constructions workers and their families, and hiring locally. He urged the developer of the proposed project to enforce these labor standards among their construction team. Beatrice Mirelez, Sunnyvale resident and field representative for Carpenters Local 405, explained the importance of livable wages, healthcare benefits, apprenticeship programs, and hiring locally as these standards pertain to construction workers. Victoria Yundt, representative of Lozeau | Drury LLP and speaking on behalf of LIUNA, advocated for the continuation of the proposed project to a later date to allow the public additional time to review the California Environmental Quality Act (CEQA) checklist that was prepared for the proposed project. She also proposed that the Planning Commission require the preparation of a subsequent or supplemental EIR or Mitigated Negative Declaration (MND) for the proposed project to analyze and address the environmental impacts that were not analyzed in the 2016 LSAP EIR or the 2021 LSAP Update/Intuitive Surgical Corporate Campus Project Subsequent EIR. Commissioner Shukla confirmed with Planning Officer Shaunn Mendrin that the hiring of local construction workers is negotiated between project developers and local unions for construction workers. Mr. Stone presented additional information about the proposed project. Chair Pyne closed the Public Hearing. Commissioner Howard confirmed with Principal Planner Schroeder that a public noticing period for the proposed project’s CEQA checklist is not mandated since it is consistent with the impacts noted in the 2016 LSAP EIR or the 2021 LSAP City of Sunnyvale Page 9 Planning Commission Meeting Minutes October 9, 2023 Update/Intuitive Surgical Corporate Campus Project Subsequent EIR. Principal Planner Schroeder also confirmed that the Planning Commission’s approval of the proposed project may be appealed to the City Council within 15 days. At Chair Pyne’s request, Senior Assistant City Attorney Rebecca Moon commented that staff does not believe the claims raised by LIUNA are meritorious. She added that staff will provide a response to these claims if the proposed project is appealed to the City Council. Commissioner Davis confirmed with Principal Planner George Schroeder the cost of appealing the approval of the proposed project to the City Council. MOTION: Commissioner Howe moved and Commissioner Davis seconded the motion to approve Alternative 1 – Make the required findings to approve the CEQA determination that the project is consistent with the 2016 Lawrence Station Area Plan Environmental Impact Report and 2021 Lawrence Station Area Plan Update/Intuitive Surgical Corporate Campus Project Subsequent Environmental Impact Report and no additional environmental review is required pursuant to CEQA Section 15162 and 15168(c)(2) and (4) and approve the Special Development Permit and Tentative Parcel Map based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4, noting the revisions to Attachment 4 outlined in Attachment 9. Commissioner Howe stated that the proposed project meets the vision and requirements associated with the LSAP. Commissioner Davis agreed with Commissioner Howe’s comments and commended the proposed project’s design and the amenities it offers. He also expressed his hope that the proposed project’s developers will hire local construction workers if feasible. Commissioner Howard acknowledged the perspective offered by the representatives for Carpenters Local 405 and spoke in support of a study issue that would explore ways to address their concerns. He also spoke in overall support of the proposed project. Commissioner Serrone echoed comments made by the Commissioners who spoke before him regarding the proposed project’s alignment with the LSAP and concerns raised by the field representatives for Carpenters Local 405. He added that he is in support of the motion as well. City of Sunnyvale Page 10 Planning Commission Meeting Minutes October 9, 2023 Commissioner Shukla highlighted the proposed project’s inclusion of various sizes and types of units, materials, and architectural elements. She spoke in overall support of the proposed project. Chair Pyne spoke in support of the motion and hiring local construction workers. He commended the proposed project for its inclusion of unbundled parking and low-income units, its proximity to transit, and its preservation of existing redwood trees. Lastly, he noted that he may make the findings to support the proposed project and stated that he has confidence in staff’s analysis of concerns raised by LIUNA. 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 This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, October 24, 2023. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES Commissioner Howard asked whether Study Issue CDD 24-02 applies to both public and private property. Planning Officer Shaunn Mendrin explained that since lighting for public properties is regulated by the City’s Department of Public Works, a separate study issue would be required to explore the creation of a Dark Sky Ordinance that applies to public properties. Chair Pyne opened the Public Hearing. Carol Weiss, Sunnyvale resident and proposer of Study Issue CDD 24-02, discussed the importance of lighting regulations when considering bird migration patterns and overall bird safety. She also suggested that City staff may refer to the Model Lighting Ordinance published in 2011 by the DarkSky International and the Illuminating Engineering Society (IES) to reduce City staff time and resources when developing relevant standards for the Dark Sky Ordinance. City of Sunnyvale Page 11 Planning Commission Meeting Minutes October 9, 2023 Chair Pyne closed the Public Hearing. Commissioner Howard emphasized the detrimental effect of nighttime lighting on migrating birds, and he spoke in support of Study Issue CDD 24-02. Commissioner Serrone voiced his support of Study Issue CDD 24-02 and expressed his hope that it would consider the effects of light pollution on both humans and birds. Chair Pyne agreed that it would be ideal to view the night sky from the City rather than navigate winding roads to view it from the beach. The Commissioners agreed by general consent to keep Study Issue CDD 24-02 (Explore the Creation of a Dark Sky Ordinance for all Private Property) on the list of Study Issues to be ranked and possibly forwarded to the City Council for consideration at a later date. 4. 23-0561 CDD 24-02 Explore the Creation of a Dark Sky Ordinance for all Private Property INFORMATION ONLY REPORTS/ITEMS None. 5. 23-0959 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Commissioner Howard suggested modifying the color temperature of City Hall lighting in the evening to align better with our natural biorhythms. Commissioner Davis expressed his gratitude to members of the public who provided comments during the meeting, and he conveyed his delight in attending Planning Commission meetings since they act as a platform for people to freely share their thoughts. -Staff Comments Planning Officer Shaunn Mendrin announced that the training offered by the Department of Public Safety regarding the security of the Council Chambers and City of Sunnyvale Page 12 Planning Commission Meeting Minutes October 9, 2023 Bay Conference Room has been rescheduled to Monday, December 11, 2023. He added that Planning Commission meetings will likely take place in the Council Chambers starting November 2023. ADJOURNMENT Chair Pyne adjourned the meeting at 9:34 PM. City of Sunnyvale Page 13