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Planning Commission

Regular Meeting

Sunnyvale, CA · November 13, 2023

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Minutes

City of Sunnyvale Meeting Minutes Planning Commission Monday, November 13, 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 6:01 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 Commissioner Howard arrived at 6:12 PM. Study Session A. 23-1021 Proposed Project: PRELIMINARY REVIEW: to consider architectural modifications to a previously approved hotel (UP #2014-7488). Location: 1101 Elko Drive (APN: 104-33-010) File #: PLNG-2023-0730 Zoning: M-S (Industrial and Service) Applicant / Owner: Stay Cal Sunnyvale, LLC (applicant/owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Momo Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov City of Sunnyvale Page 1 Planning Commission Meeting Minutes November 13, 2023 The Planning Commissioners agreed by general consent to allow a staff-level review of the proposed project at 1101 Elko Drive. Adjourn 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: 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 J’Anthony Menjivar, field representative for Carpenters Local 405, spoke of the importance of livable wages and competitive healthcare coverage for construction workers. He advised that the proposed projects at 1154 and 1170 Sonora Court implement these labor standards with the assigned construction team. CONSENT CALENDAR There were no public speakers for this agenda item. Chair Pyne confirmed with Director of Community Development Trudi Ryan that while staff is confident in the Draft Housing Element submitted to the State Department of Housing and Community Development (HCD) for review, she cannot confirm the timeline for the Housing Element’s adoption. MOTION: Commissioner Davis moved and Commissioner Howard seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes November 13, 2023 Yes: 6 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Abstained: 1 - Commissioner Howe This decision, as it applies to Agenda Item 1.C, is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, November 28, 2023. 1.A 23-1026 Approve Planning Commission Meeting Minutes of October 23, 2023 Approve Planning Commission Meeting Minutes of October 23, 2023 as submitted. 1.B 23-1030 Approve the 2024 Planning Commission Annual Work Plan Approve the 2024 Planning Commission Annual Work Plan as submitted. 1.C 23-1059 REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN Proposed Project: USE PERMIT to modify an existing wireless telecommunications facility (monopole) for Dish Wireless: Install three antennas, six new RRUs, and associated equipment. Increase total tower height from 59 feet to 71 feet. Location: 1070 Stewart Drive (APN: 205-23-019) File #: PLNG-2023-0197 Zoning: M-S/POA (Industrial and Service, Place of Assembly Combining District) Applicant / Owner: Galt Wireless / Public Storage Inc. 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 Continue the Planning Commission hearing to a date uncertain. PUBLIC HEARINGS/GENERAL BUSINESS 2. 23-0939 1154 Sonora Court (1154 Site) Proposed Project: Related applications on a 1.88-acre site: City of Sunnyvale Page 3 Planning Commission Meeting Minutes November 13, 2023 SPECIAL DEVELOPMENT PERMIT: to demolish the existing 33,055 square foot one-story industrial building and construct a seven-story mixed-use building with 173 apartments, 142,270 square feet of office/R&D space, and two levels of below-grade parking. VESTING TENTATIVE PARCEL MAP: to allow creation of five commercial condominiums in the office/R&D space. Location: 1154 Sonora Court (APN: 205-50-016) File #: 2022-7270 1170 Sonora Court (1170 Site) Proposed Project: Related applications on a 1.09-acre site: SPECIAL DEVELOPMENT PERMIT: to demolish the existing 14,902 square foot one-story industrial building and construct a seven-story mixed-use building with 107 apartments, 79,211 square feet of office/R&D space, 377 square feet of retail space, and two levels of below-grade parking. VESTING TENTATIVE PARCEL MAP: to allow creation of six commercial condominiums in the office/R&D space. Location: 1170 Sonora Court (APN: 205-50-014) File #: 2022-7271 1154 and 1170 Sonora Court DEVELOPMENT AGREEMENT: Introduction of an Ordinance approving and adopting a Development Agreement between the City of Sunnyvale and SKS Partners. Zoning: MXD-I/S (Flexible Mixed-Use I/Sonora Court) Applicant / Owner: SKS Partners (applicant/developer)/ A&F Properties, LLC (owner) Environmental Review: No additional review required pursuant to California Environmental Quality Act (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 Impact Report (SEIR - State Clearinghouse No. 2019012022). Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Senior Planner Aastha Vashist highlighted corrections in the staff report and Attachment 3 of the report. She then presented the staff report with a slide presentation and noted additional corrections to Attachments 8 and 9 of the report. Commissioner Serrone spoke in favor of the below-grade parking levels and City of Sunnyvale Page 4 Planning Commission Meeting Minutes November 13, 2023 unbundled parking included in the proposed projects. He also confirmed with Senior Planner Vashist that the proposed projects must meet Americans with Disability Act (ADA) parking and Electric Vehicle (EV) charging requirements. Commissioner Serrone and Principal Planner George Schroeder discussed the traffic congestion that may be caused by the proposed projects as well as the impacts that the Lawrence Expressway grade separation project may have upon the proposed projects. Principal Planner Schroeder added that the proposed projects may not be denied because of a failed traffic study alone. Commissioner Serrone confirmed with Principal Planner Schroeder that there is private vehicle access from the west end of Sonora Court to Kifer Road and a publicly accessible shared use path on private property for pedestrians and bicyclists to access Kifer Road. Commissioner Serrone confirmed with Principal Planner Schroeder that the traffic study conducted for the proposed projects account for other Planning projects in the surrounding area that are or will be underway. At Commissioner Serrone’s request, Director of Community Development Trudi Ryan provided an explanation on the entitlement expiration extension permitted by the Development Agreement. Commissioner Davis confirmed with Senior Planner Vashist that the property owners of 1175 Sonora Court received notices for the public hearings for the proposed projects. Chair Pyne and Director of Community Development Trudi Ryan discussed the point of sale for the project’s construction highlighting the difference between this situation and that of Apple Inc.’s tax agreement with the City of Cupertino. Chair Pyne confirmed with Director of Community Development Trudi Ryan that the potential new park dedication in-lieu fees are those that are referenced in a Program in the Draft Housing Element. Chair Pyne opened the Public Hearing. Alexandra Lee (applicant) and Adam Woltag (architect) presented information about the proposed project. City of Sunnyvale Page 5 Planning Commission Meeting Minutes November 13, 2023 Commissioner Howe confirmed with Ms. Lee that the public access pathway from Sonora Court to the Lawrence Caltrain station will be established during the proposed projects’ construction. Commissioner Serrone noted the proposed projects’ beautiful design and expressed his support for the micro retail that is being proposed. He also questioned whether it is true that the office component of the proposed projects will yield higher returns than the residential component considering the current state of the economy. Ms. Lee provided a response to these comments. At Commissioner Davis’ request, Ms. Lee elaborated on how the housing density was achieved pursuant to the California State Density Bonus Law and the Lawrence Station Area Plan (LSAP) incentives. Commissioner Davis commented on the mixed ownership styles offered by the proposed projects. Commissioner Davis confirmed with Brian Milman that the roofs above the lobbies of both proposed developments are intended to be green or occupied roofs. Commissioner Davis commented that, in his opinion, the proposed projects’ gingko trees will not be suitable for those who suffer from hay fever. At Commissioner Shukla’s request, Gary Strang (landscape architect) provided additional information on the proposed projects’ gingko trees. Commissioner Shukla confirmed with Ms. Lee that the southeast corner of 1154 Sonora Court serves as a bioretention area for stormwater treatment, so it is not a suitable location to plant a tree. Commissioner Howard voiced his support of the proposed projects and their beautiful building designs. He added that a café on the ground floor and a restaurant or lounge on the second or third floors (if this use is permitted) facing the Caltrain tracks would allow train lovers like himself to watch passing trains. Vice Chair Iglesias noted that the proposed projects integrate well with the surrounding area and highlight the City for train passengers. He also commended their use of both retail and commercial space and expressed his eagerness to see City of Sunnyvale Page 6 Planning Commission Meeting Minutes November 13, 2023 the proposed projects come to fruition. Gail Rubino, representing Livable Sunnyvale, stated that Livable Sunnyvale members voted to support the proposed projects in April. She acknowledged several of the proposed projects’ features like their proximity to transit and inclusion of affordable housing units, open space, and retail. Stephen Meier spoke in overall support of the proposed projects. He also proposed that consideration be given to the inclusion of covered parking that support solar panels, decrease the heat island effect, and assist the City with meeting its sustainability targets. Ms. Lee presented additional information about the proposed projects. Chair Pyne closed the Public Hearing. MOTION: Commissioner Davis moved and Vice Chair Iglesias seconded the motion to recommend that the City Council: 1. Make the Determination required by Resolution No. 371-81 for a Development Agreement (Attachment 2 to the Report). 2. Make the required findings to approve the CEQA determination as pursuant to CEQA Guidelines Section 15162 and 15168(c)(2) and (4) and approve the Special Development Permits and Vesting Tentative Parcel Maps based on findings in Attachments 6 and 7 to the report and Recommended Conditions of Approval in the corrected Attachments 8 and 9 to the report. 3. Introduce an Ordinance Approving and Adopting a Development Agreement between the City of Sunnyvale and SKS Partners (Attachment 3 to the report, noting staff’s correction to the Planning Commission meeting date on page two from November 28, 2023 to November 13, 2023). Commissioner Davis expressed his support of the proposed projects and described them as fantastic developments that fit Sunnyvale and follow the goals of the LSAP. Commissioner Howe confirmed with Commissioner Davis that his motion includes corrections that were made to the staff report. City of Sunnyvale Page 7 Planning Commission Meeting Minutes November 13, 2023 Commissioner Serrone spoke in support of the motion and the proposed projects since they are near transit, support both residential and office use, and are designed beautifully. Commissioner Shukla stated that she is supportive of the motion and expressed her eagerness to witness the proposed projects’ completion. Chair Pyne commended several features of the proposed projects including the well-lit pedestrian access path and their proximity to transit, retail use, preservation of surrounding trees, below-grade parking, and architecture. 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 28, 2023 meeting. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. INFORMATION ONLY REPORTS/ITEMS None. 3. 23-1025 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Commissioner Davis confirmed with Planning Officer Shaunn Mendrin that Planning City of Sunnyvale Page 8 Planning Commission Meeting Minutes November 13, 2023 Commission meetings will likely take place in the Council Chambers starting January 2024. Chair Pyne reminded the Planning Commissioners that the joint meeting of the City Council with Board and Commission Chairs and Vice Chairs will take place on Tuesday, November 14. He added that, at this meeting, he will discuss parking access during Planning Commission meetings. -Staff Comments Planning Officer Mendrin informed the Planning Commissioners that the proposed projects at 1154 and 1174 Sonora Court will be considered at the City Council meeting of November 28, 2023. Planning Officer Mendrin advised the Planning Commissioners that the appealed project at 1150-1170 Kifer Road will be reviewed at a City Council meeting of December 5, 2023. ADJOURNMENT Chair Pyne adjourned the meeting at 8:46 PM. City of Sunnyvale Page 9

Agenda

City of Sunnyvale Notice and Agenda Planning Commission Monday, November 13, 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 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 11/8/2023 Planning Commission Notice and Agenda November 13, 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)). 6 P.M. STUDY SESSION Call to Order Call to Order via teleconference and in the Bay Conference Room. 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. 23-1021 Proposed Project: PRELIMINARY REVIEW: to consider architectural modifications to a previously approved hotel (UP #2014-7488). Location: 1101 Elko Drive (APN: 104-33-010) File #: PLNG-2023-0730 Zoning: M-S (Industrial and Service) Applicant / Owner: Stay Cal Sunnyvale, LLC (applicant/owner) Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions. Project Planner: Momo Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Adjourn 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 City of Sunnyvale Page 2 Printed on 11/8/2023 Planning Commission Notice and Agenda November 13, 2023 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 23-1026 Approve Planning Commission Meeting Minutes of October 23, 2023 Recommendation: Approve Planning Commission Meeting Minutes of October 23, 2023 as submitted. 1.B 23-1030 Approve the 2024 Planning Commission Annual Work Plan Recommendation: Approve the 2024 Planning Commission Annual Work Plan as submitted. 1.C 23-1059 REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN Proposed Project: USE PERMIT to modify an existing wireless telecommunications facility (monopole) for Dish Wireless: Install three antennas, six new RRUs, and associated equipment. Increase total tower height from 59 feet to 71 feet. Location: 1070 Stewart Drive (APN: 205-23-019) File #: PLNG-2023-0197 Zoning: M-S/POA (Industrial and Service, Place of Assembly Combining District) Applicant / Owner: Galt Wireless / Public Storage Inc. 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 City of Sunnyvale Page 3 Printed on 11/8/2023 Planning Commission Notice and Agenda November 13, 2023 Recommendation: Continue the Planning Commission hearing to a date uncertain. 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. 23-0939 1154 Sonora Court (1154 Site) Proposed Project: Related applications on a 1.88-acre site: SPECIAL DEVELOPMENT PERMIT: to demolish the existing 33,055 square foot one-story industrial building and construct a seven-story mixed-use building with 173 apartments, 142,270 square feet of office/R&D space, and two levels of below-grade parking. VESTING TENTATIVE PARCEL MAP: to allow creation of five commercial condominiums in the office/R&D space. Location: 1154 Sonora Court (APN: 205-50-016) File #: 2022-7270 1170 Sonora Court (1170 Site) Proposed Project: Related applications on a 1.09-acre site: SPECIAL DEVELOPMENT PERMIT: to demolish the existing 14,902 square foot one-story industrial building and construct a seven-story mixed-use building with 107 apartments, 79,211 square feet of office/R&D space, 377 square feet of retail space, and two levels of below-grade parking. VESTING TENTATIVE PARCEL MAP: to allow creation of six commercial condominiums in the office/R&D space. Location: 1170 Sonora Court (APN: 205-50-014) File #: 2022-7271 1154 and 1170 Sonora Court DEVELOPMENT AGREEMENT: Introduction of an Ordinance approving and adopting a Development Agreement between the City of Sunnyvale and SKS Partners. Zoning: MXD-I/S (Flexible Mixed-Use I/Sonora Court) Applicant / Owner: SKS Partners (applicant/developer)/ A&F Properties, LLC (owner) Environmental Review: No additional review required pursuant to California Environmental Quality Act (CEQA) Guidelines 15162 and 15168(c)(2) and (4) - environmental impacts of the project are addressed in the 2016 Lawrence Station Area Plan Environmental City of Sunnyvale Page 4 Printed on 11/8/2023 Planning Commission Notice and Agenda November 13, 2023 Impact Report (EIR - State Clearinghouse No. 2013082030) and 2021 Lawrence Station Area Plan Update/Intuitive Surgical Corporate Campus Project Subsequent Environmental Impact Report (SEIR - State Clearinghouse No. 2019012022). Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Recommendation: Recommend that the City Council: 1. Make the Determination required by Resolution No. 371-81 for a Development Agreement (Attachment 2 to the Report). 2. Make the required findings to approve the CEQA determination as pursuant to CEQA Guidelines Section 15162 and 15168(c)(2) and (4) and approve the Special Development Permit based on findings in Attachments 6 and 7 to the report and Recommended Conditions of Approval in Attachments 8 and 9 to the report. 3. Introduction of an Ordinance Approving and Adopting a Development Agreement between the City of Sunnyvale and SKS Partners (Attachment 3 to the report). STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES INFORMATION ONLY REPORTS/ITEMS 3. 23-1025 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) 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 72 hours before the meeting on the City’s website at sunnyvale.ca.gov and during normal business hours at the NOVA Workforce City of Sunnyvale Page 5 Printed on 11/8/2023 Planning Commission Notice and Agenda November 13, 2023 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 6 Printed on 11/8/2023

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