Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, December 11, 2023 6:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 Special Meeting: Closed Session - 6:00 PM | Public Hearing - 7:00 PM 6 P.M. SPECIAL PLANNING COMMISSION MEETING (Closed Session) Call to Order Vice Chair Iglesias called the meeting to order at 6:00 PM. Roll Call Present: 5 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Galen Kim Davis Commissioner Daniel Howard Commissioner Michael Serrone Absent: 2 - Commissioner John Howe Commissioner Neela Shukla The absences of Commissioner Shukla and Commissioner Howe are excused. Public Comment Vice Chair Iglesias opened Public Comment. There were no public speakers. Vice Chair Iglesias closed Public Comment. Convene to Closed Session The Planning Commission convened to Closed Session in the Council Conference Room at 6:03 p.m. A. 23-1116 Closed Session Held Pursuant to California Government Code Section City of Sunnyvale Page 1 Planning Commission Meeting Minutes December 11, 2023 54957 (a): THREAT TO PUBLIC SERVICES OR FACILITIES Topic: Council Chambers Security Consultation with Sunnyvale Department of Public Safety: Phan Ngo, Director of Public Safety and Jeromy Lima, Public Safety Captain; Rebecca Moon, Senior Assistant City Attorney Adjourn Special Meeting Vice Chair Iglesias adjourned the special meeting at 6:36 p.m. 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: 5 - Chair Martin Pyne Vice Chair Nathan Iglesias Commissioner Galen Kim Davis Commissioner Daniel Howard Commissioner Michael Serrone Absent: 2 - Commissioner John Howe Commissioner Neela Shukla The absences of Commissioner Shukla and Commissioner Howe are excused. CLOSED SESSION REPORT Vice Chair Iglesias reported that the Planning Commission met in Closed Session pursuant to California Government Code Section 54957 (a). The Closed Session focused on the threat to public services or facilities, and the Planning Commissioners consulted with Director of Public Safety Phan Ngo, Public Safety Captain Jeromy Lima, and Senior Assistant City Attorney Rebecca Moon regarding Council Chambers security. Vice Chair Iglesias confirmed that there is nothing to report. ORAL COMMUNICATIONS None. City of Sunnyvale Page 2 Planning Commission Meeting Minutes December 11, 2023 CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to approve the Consent Calendar. The motion carried by the following vote: Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Serrone No: 0 Absent: 2 - Commissioner Howe Commissioner Shukla This decision, as it applies to Agenda Item 1.B, is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, December 26, 2023. 1.A 23-1118 Approve Planning Commission Meeting Minutes of November 27, 2023 Approve Planning Commission Meeting Minutes of November 27, 2023 as submitted. 1.B 23-1090 Proposed Project: Related applications on a 0.15-acre site: DESIGN REVIEW: Demolish an existing one-story single-family home and construct a new two-story single-family home resulting in 3,437 square feet gross floor area (2,815 square feet living area, 169 square foot covered patio, and 453 square foot garage) and 791 square foot attached Accessory Dwelling Unit (ADU) resulting in 53.1% Floor Area Ratio (FAR). USE PERMIT: to allow a 453 square foot detached garage and carport. Location: 348 Angel Avenue (APN: 204-50-004) File #: 2021-7643 Zoning: R-2 Applicant / Owner: HPS (applicant) / Brad Cole (owner) Environmental Review: A Class 3 Categorical Exemption relieves this project from environmental review under the California Environmental City of Sunnyvale Page 3 Planning Commission Meeting Minutes December 11, 2023 Quality Act (CEQA). Project Planner: Aastha Vashist, (408) 730-7458, avashist@sunnyvale.ca.gov Alternative: Approve the Design Review and Use Permit with the Conditions of Approval in Attachment 4. 1.C 23-1117 Annual Review of the Code of Ethics and Conduct for Elected and Appointed Officials PUBLIC HEARINGS/GENERAL BUSINESS 2. 23-1076 REQUEST FOR CONTINUANCE TO JANUARY 8, 2024 Proposed Project: Related applications on a 0.21-acre site: TENTATIVE PARCEL MAP to subdivide a 9,397 square foot lot into two lots (Lot 1 - 5,128 square feet and Lot 2 - 4,269 square feet); and DESIGN REVIEW to demolish an existing one-story single-family home and construct two new, two-story single-family homes resulting in 2,587 square feet for Lot 1 (2,184 square feet living area and 403 square feet garage); and 2,570 square feet for Lot 2 (2,166 square feet living area and 404 square foot garage), resulting in 55% total floor area ratio (FAR). Location: 258 West California Avenue (APN: 204-51-005) File #: 2019-7552 Zoning: R-2 Applicant / Owner: George Novitskiy (applicant) / Hanson America LLC (owner) Environmental Review: A Class I Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov Associate Planner Cindy Hom explained why staff requests the continuation of this agenda item. Chair Pyne opened the Public Hearing. Members of the public addressed the Planning Commission. Chair Pyne closed the Public Hearing. MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to continue the discussion on Public Hearing Agenda Item 2 to Monday, January 18, 2024. City of Sunnyvale Page 4 Planning Commission Meeting Minutes December 11, 2023 The motion carried by the following vote: Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Serrone No: 0 Absent: 2 - Commissioner Howe Commissioner Shukla Staff Note: This agenda item should have been continued to January 8, 2024. The project will be renoticed for January 8, 2024. 3. 23-1078 Proposed Project: Appeal by Roshan Baliga of the Zoning Administrator’s decision approving a USE PERMIT to allow the demolition of two hotel buildings and construction of a surface parking lot with associated site improvements. Location: 331 and 385 East Weddell Drive (APNs 110-13-074 and -076) File #: PLNG-2022-7728 Zoning: M-S/POA - Industrial and Service/Places of Assembly Combining District Applicant / Owner: Prologis Appellant: Roshan Baliga Environmental Review: A Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act provisions. Project Planner: Cindy Hom, 408-730-7411, chom@sunnyvale.ca.gov Associate Planner Cindy Hom presented the staff report with a slide presentation. Commissioner Serrone disclosed that he spoke with the appellant, Roshan Baliga, regarding the proposed project. At Commissioner Serrone’s request, Associate Planner Hom explained the noticing procedure and requirements for proposed projects that are reviewed at Zoning Administrator hearings and Planning Commission meetings. Commissioner Serrone and Associate Planner Hom discussed the permitted uses on the block where the existing property is located. Associate Planner Hom City of Sunnyvale Page 5 Planning Commission Meeting Minutes December 11, 2023 explained that although the area is zoned Industrial and Service with a Places of Assembly Combining District, approval of a use permit may allow for alternative uses on the subject area. She added that a General Plan Initiation and General Plan Amendment is required to alter the designated zoning for the area. Commissioner Serrone and Associate Planner Hom deliberated on the entity that determines the necessity of a freeway sound wall. Commissioner Serrone questioned whether staff evaluates the condition of existing developments since the existing hotels were referred to as dilapidated. Associate Planner Hom responded that the hotels experienced vandalism and theft. At Commissioner Serrone’s request, Associate Planner Hom explained why autonomous vehicles will not be permitted on the proposed project site. Commissioner Howard confirmed with Associate Planner Hom that a Place of Assembly differs from a Public Facility and that a laundromat would not be a permitted use on sites that are zoned Industrial and Service with a Places of Assembly Combining District. Commissioner Howard confirmed with Associate Planner Hom that consideration was given to using the site for establishments that provide sheltering options. Commissioner Howard asked whether the fleet vehicles on the proposed project site will be electric or diesel and noted his concerns with emissions. Associate Planner Hom answered that while the proposed project does not specify vehicle type, the proposed project plans include Electric Vehicle (EV) charging stations. At Commissioner Davis’ request, Associate Planner Hom explained how the proposed fleet parking use would operate similarly to bus terminals and other public transportation facilities that may be considered with a use permit on sites zoned Industrial and Service with a Places of Assembly Combining District. At Chair Pyne’s request, Associate Planner Hom explained that California Environmental Quality Act (CEQA) clearance or exemption will determine which decision body has the authority to approve a use permit for autonomous vehicle parking. Chair Pyne confirmed with Associate Planner Hom that, to staff’s knowledge, there City of Sunnyvale Page 6 Planning Commission Meeting Minutes December 11, 2023 are no similar public vehicle storage facilities on sites zoned Industrial and Service with a Places of Assembly Combining District within the City. Planning Officer Shaunn Mendrin stated that this use is relatively new. Planning Officer Mendrin also elaborated on concerns regarding autonomous vehicles and stated that the use permit for the proposed project site may be amended at a later time to allow for autonomous vehicles once new regulations are in place. Chair Pyne expressed his thoughts on the definition of bus terminals in the Zoning Code and stated that, in his opinion, the proposed use is not less intensive than the permitted uses for sites zoned Industrial and Service with a Places of Assembly Combining District. Chair Pyne opened the Public Hearing. Roshan Baliga (appellant) presented additional images and information to support his case. Commissioner Howard confirmed that Mr. Baliga would like the applicant to state their long-term plans for the site that they own. Samidha Thakral, Investment Officer with Prologis, presented additional information on the proposed project. Commissioner Howard confirmed with Ms. Thakral that the proposed project site is intended to be used as a private parking facility. Commissioner Howard shared his hope that the use permit would allow for such public services as EV charging stations to address needed uses within the City. Commissioner Serrone and Ms. Thakral discussed the short-term and long-term planned use for the proposed project site and adjacent sites. Ms. Thakral also explained the impacts that the designated zoning for the proposed site had on the proposed use for the site. Commissioner Davis commented that, in his opinion, likening the proposed fleet use to bus terminals and other public transportation facilities is an exaggeration of the English language. Chair Pyne confirmed with Associate Planner Hom that the installation of a new sidewalk is proposed along Weddell Drive. City of Sunnyvale Page 7 Planning Commission Meeting Minutes December 11, 2023 Chair Pyne confirmed with Ms. Thakral that the use for the proposed project site would be limited to parking since vehicles are not permitted to be serviced there. Senior Assistant City Attorney Rebecca Moon made a statement regarding meeting disruptions and the First Amendment. Agnes Veith, Sunnyvale resident, encouraged the Planning Commission to grant the appeal and deny the use permit and emphasized her concerns regarding the heat island effect that may result from the approval of the proposed project. Linda Klein (Applicant's Attorney with Cox Castle) presented additional information about the proposed project. At Commissioner Serrone’s request, Ms. Thakral provided ways that the proposed project may address the heat island effect. Vice Chair Iglesias confirmed with Ms. Thakral that the applicant is proactively trying to use lower carbon material on their sites. She added that materials that emit less heat will be considered as well. Chair Pyne asked Ms. Thakral what the outcome will be if the appeal is granted. She responded that the existing site will remain as-is and be prone to vandalism since not much may be done to it until the existing hotels are demolished. Mr. Baliga presented additional information to support his case. Chair Pyne closed the Public Hearing. Commissioner Davis confirmed with Associate Planner Hom that staff finds the proposed fleet parking use to operate similarly to bus terminals. At Commissioner Serrone’s request, Associate Planner Hom and Planning Officer Mendrin explained what actions may be taken by either the applicant or the appellant if either the proposed project is approved or the appeal is granted. Chair Pyne confirmed with Associate Planner Hom that the proposed project meets all standards outlined in Sunnyvale Municipal Code (SMC) 19.46.120 regarding parking lot design. City of Sunnyvale Page 8 Planning Commission Meeting Minutes December 11, 2023 Chair Pyne questioned how the proposed project meets the requirements stipulated in SMC 19.46.140 (d)(2). He suggested that any motion to approve Alternative 1 or Alternative 2 should be subject to the findings in SMC 19.46.140 (d) since he believes those findings are required to approve the proposed project. MOTION: Commissioner Howard moved and Vice Chair Iglesias seconded the motion to approve Alternative 1 – Deny the appeal and affirm the Zoning Administrator’s decision to approve the Use Permit subject to the Recommended Findings in Attachment 2, Conditions of Approval in Attachment 3, and SMC 19.46.140 (d). Commissioner Howard noted that, in his opinion, the proposed project is a reasonable improvement to the existing site and its current use. Vice Chair Iglesias spoke in support of the proposed project and shared his faith in staff interpretation of regulations for the use permit. He added that he is unable to justify the denial of the use permit. Commissioner Davis spoke in support of the motion and noted that our regulations should be easier to navigate and interpret. Commissioner Serrone shared his hope that the proposed project site will offer something of greater use to the community in the future. He also agreed with comments made that sections of the SMC are ambiguous and that there is no justification to support the appeal. Chair Pyne echoed earlier comments made regarding the revision of some sections of the SMC to clarify whether the proposed fleet parking use is permitted under the Industrial and Service with a Places of Assembly Combining District zoning designation. He also spoke in support of the proposed project’s sidewalk improvements and its compliance with shading requirements. Lastly, he expressed his hope that the proposed project site will be redeveloped once economic conditions improve. The motion carried by the following vote: City of Sunnyvale Page 9 Planning Commission Meeting Minutes December 11, 2023 Yes: 5 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Serrone No: 0 Absent: 2 - Commissioner Howe Commissioner Shukla This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, December 26, 2023. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. INFORMATION ONLY REPORTS/ITEMS None. 4. 23-1119 Planning Commission Proposed Study Issues, Calendar Year: 2024 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Vice Chair Iglesias confirmed with Planning Officer Mendrin that staff will work with Facilities to ensure that the garage gates remain open to accommodate parking during scheduled public hearings. Senior Assistant City Attorney Rebecca Moon added that there are security concerns regarding public access to elevators in City Hall since they do not currently require key cards. -Staff Comments Planning Officer Shaunn Mendrin announced that staff received a letter from the State Department of Housing and Community Development (HCD) confirming that their review of our Draft Housing Element is complete and it may be submitted to the City Council for approval at the meeting of December 12, 2023. ADJOURNMENT City of Sunnyvale Page 10 Planning Commission Meeting Minutes December 11, 2023 Chair Pyne adjourned the meeting at 9:11 PM. City of Sunnyvale Page 11