Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, January 22, 2024 7:00 PM Online and Bay Conference Room (Room 145), City Hall, 456 W. Olive Ave., Sunnyvale, CA 94086 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: 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 Howe moved and Vice Chair Iglesias seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 1 Planning Commission Meeting Minutes January 22, 2024 Yes: 7 - Chair Pyne Vice Chair Iglesias Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 0 1. 24-0219 Approve Planning Commission Meeting Minutes of January 8, 2024 Approve Planning Commission Meeting Minutes of January 8, 2024 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2. 24-0208 Proposed Project: Consider actions related to implementation of the 2023-2031 Housing Element to create a By-Right Approval process for certain parcels within the City: A. Adopt Urgency Ordinance to: a. Add By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), Miscellaneous Plan Permit (19.82); and B. Introduce an Ordinance to: a. Add By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), and Miscellaneous Plan Permit (19.82) File #: PLNG-2023-0881 Location: Citywide Applicant: City of Sunnyvale Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357) City of Sunnyvale Page 2 Planning Commission Meeting Minutes January 22, 2024 Project Planner: Julia Klein, (408) 730-7463, jklein@sunnyvale.ca.gov Principal Planner George Schroeder presented the staff report with a slide presentation. Upon Commissioner Serrone’s request, Principal Planner Schroeder explained that the Planning Commission has the discretion to approve modifications to the ordinance only as it applies to sites in the Moffett Park area. He added that the City must rezone sites that are included in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development by January 31, 2024. Commissioner Serrone confirmed with Principal Planner Schroeder that the Planning Commission will need a simple majority to approve this item. Commissioner Serrone questioned whether sites designated in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development may be substituted for other sites within the City. Planning Officer Shaunn Mendrin responded that this may be possible with an update to the ordinance and as long as the unit count in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development remains unchanged. He added that this may involve coordination with the Department of Housing and Community Development (HCD). Commissioner Serrone received clarification from Principal Planner Schroeder regarding noticing requirements for property owners and adjacent property owners and tenants within 300 feet of the of sites within the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development. Commissioner Davis confirmed with Principal Planner Schroeder that there is a surplus of 168 units over the City’s January 2023 Regional Housing Needs Allocation (RHNA) shortfall of 1,535 units. When Commissioner Davis asked what by-right zoning would entail, Principal Planner Schroeder answered that proposed projects in this zoning designation are not subject to public hearings, outreach meetings, study sessions, or the California Environmental Quality Act (CEQA) if these projects provide at least 20% low-income housing, do not involve subdivision, or request any variance from existing codes or fees. This would allow the approval process for such projects to be quicker and more streamlined. City of Sunnyvale Page 3 Planning Commission Meeting Minutes January 22, 2024 Commissioner Shukla and Principal Planner Schroeder discussed the process by which members of the public may provide feedback regarding proposed projects within by-right zoning. Vice Chair Iglesias questioned whether the Planning Division has sufficient resources and staff to review proposed projects within by-right zoning designations. Principal Planner Schroeder explained that the Permit Streamlining Act dictates the length of review time for these projects. Planning Officer Mendrin added that the implementation of a new fee for by-right approvals will help off-set staffing needs and that the 20% affordability requirement of these projects may limit how many of these projects are submitted, making review of these projects more manageable. Chair Pyne and Principal Planner Schroeder reiterated that the zoning designation for sites listed in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development are not being altered. Instead, a streamlining process will be made available for proposed projects on these sites. Chair Pyne confirmed with Principal Planner Schroeder that the existing objective design standards still apply to the Moffett Park diagonal. Commissioner Howard confirmed with Principal Planner Schroeder that requests that deviate from the required number of affordable units or involve a subdivision would be subject to Planning Commission review. Commissioner Serrone discussed the fee for by-right approvals with Planning Officer Mendrin. Commissioner Shukla confirmed with Principal Planner Schroeder that fees like the park in-lieu fee and other standard impact fees will still apply to by-right approvals. Vice Chair Iglesias received clarification from Planning Officer Mendrin regarding the Moffett Park area’s disadvantaged classification. Chair Pyne opened the Public Hearing. There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. City of Sunnyvale Page 4 Planning Commission Meeting Minutes January 22, 2024 MOTION: Commissioner Howe moved and Commissioner Davis seconded the motion to recommend Alternative 1 to the City Council: 1) Take the following actions: a. Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268 and 15357; and b. Adopt an Urgency Ordinance to add By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), and Miscellaneous Plan Permit (19.82). c. Introduce an Ordinance in Attachment 3 to add By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Areas, Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), and Miscellaneous Plan Permit (19.82). Commissioner Howe stated that there is no choice but to approve this motion. Commissioner Davis spoke in agreement with Commissioner Howe. He also stressed that the approval of this ordinance does not alter any of the existing rules or fees that will apply. Commissioner Serrone spoke in support of the motion. Chair Pyne voiced his support of the motion. Commissioner Shukla shared her support of the motion. The motion carried by the following vote: City of Sunnyvale Page 5 Planning Commission Meeting Minutes January 22, 2024 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 January 30, 2024 meeting. 3. 24-0139 Proposed Project: Forward Recommendations to the City Council related to the General Plan Update to: a. Adopt a Resolution to Amend Chapter 3: Land Use and Transportation Element (LUTE) to update Figure 3-2 and add clarifications in the Village Center Section regarding the Commercial Floor Area calculations; and b. Find the proposed amendments are consistent with the LUTE EIR and do not require additional environmental review pursuant to CEQA Guidelines Sections 15183 and 15162. Planning File Number: PLNG-2023-0840 Environmental Review: The proposed edits are exempt pursuant to CEQA Guidelines Section 15183 in that the proposed edits are within a development density established by the existing general plan policies for which EIRs were previously certified and does not require additional environmental review. In addition, the proposed edits are exempt pursuant to CEQA Guidelines Section 15162 as the proposed edits will not require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects. Project Planner: Shaunn Mendrin, 408-730-7431, smendrin@sunnyvale.ca.gov Planning Officer Shaunn Mendrin presented the staff report with an oral presentation. Commissioner Serrone and Planning Officer Mendrin discussed the requirements for dwelling units per acre on Village Center sites and the impact that the amendment to Chapter 3 of the Land Use and Transportation Element (LUTE) will City of Sunnyvale Page 6 Planning Commission Meeting Minutes January 22, 2024 have upon projects that have already been proposed. Commissioner Serrone confirmed with Planning Officer Mendrin that retail spaces do not necessarily need to be located on the ground floor of vertical mixed-use developments, retail could be stand alone in a horizontal mixed-use development. Chair Pyne confirmed with Planning Officer Mendrin that additional changes to the Village Centers may be considered at a later time. Chair Pyne and Planning Officer Mendrin discussed how the Floor Area Ratio (FAR) minimum would apply to mixed-use sites with more than one property owner. Chair Pyne confirmed with Planning Officer Mendrin that each corner of a Village Center located on an intersection is considered its own site rather than only one site. Chair Pyne opened the Public Hearing. There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. MOTION: Commissioner Howe moved and Vice Chair Iglesias seconded the motion to recommend Alternative 1 to the City Council: 1) Take the following actions: a. Adopt a Resolution (Attachment 2) to Amend the Land Use and Transportation Element; and b. Find that the proposed amendments are not a substantial change to the LUTE as analyzed in the LUTE EIR and no additional environmental review is required pursuant to Sections 15183 and 15162 of the CEQA Guidelines. Commissioner Howe spoke in support of the proposed amendment to the LUTE. Commissioner Howard noted the projected increase in the jobs to housing ratio for 2035. City of Sunnyvale Page 7 Planning Commission Meeting Minutes January 22, 2024 Chair Pyne confirmed his support of the motion. 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 February 27, 2024 meeting. 4. 24-0176 Selection and Ranking of Potential 2024 Study Issues Planning Officer Mendrin presented a brief overview on each of the proposed study issues. Chair Pyne and Planning Officer Mendrin discussed the procedures for dropping or deferring study issues before ranking those that remain. Commissioner Serrone confirmed with Planning Officer Mendrin that the Commissioners will need to provide a ranking of one through eight for each of the proposed study issues (assuming that none of them are dropped or deferred). Commissioner Shukla confirmed with Planning Officer Mendrin that all proposed study issues must be ranked. Chair Pyne added that Commissioners may make a motion to drop or defer study issues beforehand. Chair Pyne opened the Public Hearing. Andrea Wald, Sunnyvale resident, advocated for study issue ESD 24-01 and explained that a study of the negative impacts of artificial turf is needed to ban the use of artificial turf within the City. Stephen Meier echoed comments made by Andrea Wald regarding study issue ESD City of Sunnyvale Page 8 Planning Commission Meeting Minutes January 22, 2024 24-01. He also spoke in favor of study issue CDD 24-05. Susan Hinton voiced her support of study issue ESD 24-01 and explained the negative impacts that artificial turf has upon our environment. Chair Pyne closed the Public Hearing. Chair Pyne noted that, as the Chair of the Commission, he must advocate on behalf of the Commission for their adopted ranking of the proposed study issues at a later City Council meeting. Commissioner Howard spoke in favor of study issues ESD 24-02 and CDD 24-02. He added that a study on the use of artificial turf will be beneficial to the City. Commissioner Serrone shared his thoughts on study issues CDD 23-02, CDD 24-04, CDD 23-04, CDD 24-02, ESD 24-01, CDD 22-05, and ESD 24-02. He also confirmed with Planning Officer Mendrin that residential development is not permitted within the Peery Park Specific Plan area. Commissioner Howe stressed the importance of study issue CDD 23-02. Vice Chair Iglesias thanked members of the public for sharing their input on certain study issues. He added that their input had an impact on his ranking of the proposed study issues. Commissioner Shukla stated that, in her opinion, such study issues as CDD 24-02 and ESD 24-01 should be implemented by the City since other cities have conducted similar studies already. She added that attention be given to other study issues such as CDD 23-04. Commissioner Davis agreed with comments made by Commissioner Howe regarding study issue CDD 23-02. He also highlighted the importance of study issues ESD 24-02 and ESD 24-01. Lastly, he shared his plans to propose a study issue in the coming year that will focus on youth athletics in the City. Chair Pyne commented on study issues CDD 23-02 and ESD 24-01 and the process of ranking study issues overall. Commissioner Howard stated that comments shared by other Commissioners City of Sunnyvale Page 9 Planning Commission Meeting Minutes January 22, 2024 regarding study issue CDD 23-02 affected his own ranking of the proposed study issues. MOTION: Commissioner Howe moved and Commissioner Davis seconded the motion to accept the ranking of the Study Issues as follows: 1.) CDD 23-02: Consider General Plan Land Use Designation Amendments and Rezoning for 26 Legal Non-Conforming Single- and Two-Family Dwellings 2.) ESD 24-02: Evaluate Adopting Transit-Supportive Policies for Sunnyvale 3.) ESD 24-01: Evaluate the Use of Artificial Turf versus Living Groundcover 4.) CDD 24-05: Review and Evaluate Appeals Fees and Process 5.) CDD 24-02: Explore the Creation of a Dark Sky Ordinance for all Private Property 6.) CDD 23-04: Explore Expanding Sunnyvale Municipal Code Chapter 19.52 (Art in Private Development) to Include a Public Art Requirement for High Density Residential Developments (Including Affordable Housing) 7.) CDD 24-04: Peery Park Specific Plan Amendment (area east of Mathilda Avenue) 8.) CDD 22-05: Consider Modifications to the Sunnyvale Municipal Code Related to Undergrounding Utilities 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 10 Planning Commission Meeting Minutes January 22, 2024 This recommendation will be forwarded to the City Council for consideration at the Study Issues and Budget Proposals Workshop on February 15, 2024. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments Commissioner Howe recognized the help that Senior Assistant City Attorney Rebecca Moon has provided to the Planning Commission over the years and expressed his gratitude for her. His fellow Commissioners shared his sentiments. Commissioner Davis thanked members of the public who contributed their input on the proposed study issues. -Staff Comments Planning Officer Shaunn Mendrin noted that the By-Right Approval Ordinances will be considered at the City Council meeting on January 30, 2024 and that the proposed changes to Chapter 3 of the LUTE will be considered at the City Council meeting on February 27, 2024. ADJOURNMENT Chair Pyne adjourned the meeting at 8:40 PM. City of Sunnyvale Page 11