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Planning Commission

Regular Meeting

Sunnyvale, CA · February 26, 2024

AgendaMinutes

Minutes

City of Sunnyvale Meeting Minutes Planning Commission Monday, February 26, 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 Lauren Ledbetter expressed her concerns regarding the proposed housing development project at 911 E. Duane Avenue. She stated that while she is in support of additional housing, especially affordable housing, the loss of retail in this area would pose challenges to the neighboring community and the small business owners who will be displaced. Cortney Jansen shared her concerns regarding the loss of retail at 1123 Lawrence Expressway due to the proposed mixed-use development at that site. She advocated for the retail spaces already on the site and added that, in her opinion, the proposed development should include 20 percent affordable housing units. City of Sunnyvale Page 1 Planning Commission Meeting Minutes February 26, 2024 CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Howard moved and Commissioner Davis seconded the motion to approve the Consent Calendar. The motion carried by the following vote: Yes: 5 - Chair Pyne Commissioner Davis Commissioner Howard Commissioner Serrone Commissioner Shukla No: 0 Abstained: 2 - Vice Chair Iglesias Commissioner Howe Commissioner Howe stated that staff addressed a question he had regarding Agenda Item 1.C and that he would have voted in favor of the motion had he not been absent for the Planning Commission meeting of February 12, 2024. 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, March 12, 2024. 1.A 24-0388 Approve Planning Commission Meeting Minutes of November 30, 2023 Approve Planning Commission Meeting Minutes of November 30, 2023 as submitted. 1.B 24-0389 Approve Planning Commission Meeting Minutes of February 12, 2024 Approve Planning Commission Meeting Minutes of February 12, 2024 as submitted. 1.C 24-0265 Proposed Project: DESIGN REVIEW: Demolish an existing home and construct a new two-story single-family home resulting in 4,838 square feet (3,864 square feet living area, 512 square feet garage, and 462 rear covered patio) and 40% floor area ratio (FAR), and a six-foot City of Sunnyvale Page 2 Planning Commission Meeting Minutes February 26, 2024 fence in the front yard. Location: 541 South Bayview Avenue (APN: 209-31-036) File #: PLNG-2023-0366 Zoning: R-0 (Low Density Residential) Applicant / Owner: Michelle Miner / Christopher & Margaret Allan Environmental Review: A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions. Project Planner: Robby Miller, (408) 730-7429, rmiller@sunnyvale.ca.gov Alternative 1: Approve the Design Review based on the Findings in Attachment 3 and subject to the Conditions of Approval in Attachment 4. PUBLIC HEARINGS/GENERAL BUSINESS 2. 24-0385 Proposed Project: Consider actions related to implementation of the 2023-2031 Housing Element to amend the By-Right Approval process for certain parcels within the City: A. Introduce an Ordinance to Amend By-Right Approvals (Chapter 19.73 of the Sunnyvale Municipal Code) to clarify ministerial review of projects as it relates to proposed subdivisions. File #: PLNG-2024-0105 Location: Citywide Applicant: City of Sunnyvale Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357) Project Planner: Julia Klein, (408) 730-7463, jklein@sunnyvale.ca.gov Principal Planner Julia Klein presented the staff report with an oral presentation. Commissioner Serrone confirmed with Principal Planner Klein that the Department of Housing and Community Development (HCD) does not have any other concerns regarding the City’s Housing Element and that, to her knowledge, City staff have collaborated with the same HCD staff throughout the Housing Element adoption process. Commissioner Serrone spoke in support of the amended ordinance. Chair Pyne confirmed with Principal Planner Klein that since staff collaborated with HCD on the City’s revised ordinance, staff is confident in submitting this revised ordinance to the City Council for review. Chair Pyne and Principal Planner Klein discussed the repercussions should the City decline to adopt the proposed ordinance. At Chair Pyne’s request, Planning Officer City of Sunnyvale Page 3 Planning Commission Meeting Minutes February 26, 2024 Shaunn Mendrin advised that the Planning Commission will be informed whether any repercussions will apply. 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 Commissioner Howard seconded the motion to recommend Alternatives 1 and 2 to the City Council: 1) 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. 2) Introduce an Ordinance in Attachment 2 to amend By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code. Commissioner Howe spoke in support of the motion. Commissioner Howard stated that he is in support of the motion. Chair Pyne confirmed his support of the motion and expressed his concerns regarding the previously approved ordinance requiring an amendment. 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 City of Sunnyvale Page 4 Planning Commission Meeting Minutes February 26, 2024 March 19, 2024 meeting. 3. 24-0141 Forward a Recommendation to the City Council to Evaluate the Minimum Automobile Off-Street Parking Requirements for Residential Uses (Study Issue CDD 19-07) File #: 2022-7404 Environmental Review: The action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Project Planner: George Schroeder, (408) 730-7443, gschroeder@sunnyvale.ca.gov Principal Planner George Schroeder presented the staff report with a slide presentation. Commissioner Howard confirmed with Principal Planner Schroeder that the cost of a parking space varies and is dependent on the age and type of the parking structure. Commissioner Howard and Principal Planner Schroeder discussed a new state law that mandates property owners to separate the cost of rent from the cost of a parking space (unbundling). Commissioner Howard responded that, in his opinion, it would be ideal to lease parking spaces to those who need them. Commissioner Howard proposed that any revenue the City receives from street parking fees may be invested in public transportation or bicycle infrastructure. Commissioner Serrone confirmed with Principal Planner Schroeder that there is no separate study issue to examine minimum off-street parking requirements for commercial uses, but this study issue examines shared parking between commercial and residential land uses. Commissioner Serrone confirmed with Principal Planner Schroeder that replacement parking is required when a main dwelling’s covered parking (garage or carport) is converted into anything other than an accessory dwelling unit (ADU). At Commissioner Serrone’s request, Principal Planner Schroeder explained why compact parking is prohibited in mobile home parks and non-residential and mixed-use developments. At Commissioner Serrone’s request, Principal Planner Schroeder defined senior housing. City of Sunnyvale Page 5 Planning Commission Meeting Minutes February 26, 2024 Commissioner Serrone confirmed with Principal Planner Schroeder that in part, this study issue aims to objectively define limited street parking. Commissioner Serrone confirmed with Principal Planner Schroeder that the comparison of parking requirements between the City and other jurisdictions does not account for Below Market Rate (BMR) parking reductions under the California Density Bonus Law. Commissioner Howe confirmed with Principal Planner Schroeder that for-sale condominiums and townhomes are categorized as multifamily residential developments. Commissioner Shukla proposed that this study issue should examine the use of street parking on wider roads adjacent to multifamily developments. Vice Chair Iglesias questioned why there is a need for this study issue. He also shared his concerns regarding the impact that imposing street parking fees may have upon those who are economically disadvantaged. Commissioner Davis confirmed with Principal Planner Schroeder that other neighboring jurisdictions do not have a provision for limited off-street parking requirements for residential uses. Chair Pyne noted that it may be worthwhile to consider the recently approved multifamily projects with reduced parking spaces due to waivers. Chair Pyne stated that establishing a minimum for off-street parking requirements for residential uses would be beneficial to residential areas such as his own. Chair Pyne spoke in agreement with comments made by Commissioner Howard regarding the funding of public transportation or bicycle infrastructure within the City by any revenue collected from street parking fees. Chair Pyne and Principal Planner Schroeder discussed whether a vehicle is defined by the U.S. Census Bureau’s American Community Survey (ACS) and the implications that certain definitions may have on City parking requirements. Chair Pyne confirmed with Principal Planner Schroeder that any modifications to the staff-recommended Alternative 1 would be considered Alternative 2: Alternative 1 City of Sunnyvale Page 6 Planning Commission Meeting Minutes February 26, 2024 with modifications. At Chair Pyne’s request, Principal Planner Schroeder specified instances that may require detailed parking studies that will necessitate a specialized consultant and a budget modification. Chair Pyne confirmed with Principal Planner Schroeder that the timeline for implementing minimum off-street parking requirements for residential uses is largely dependent on staff workload. Commissioner Howard responded to earlier comments made by Vice Chair Iglesias and Chair Pyne by discussing the relationship between street parking and street safety, providing waivers to those unable to afford street parking fees, and using City revenue to improve our public transit system. Chair Pyne opened the Public Hearing. There were no public speakers for this agenda item. Chair Pyne closed the Public Hearing. Commissioner Davis spoke in overall support of a motion to establish a minimum requirement for automobile off-street parking for residential uses. Commissioner Serrone stated that he is opposed to parking requirements that are strictly punitive for vehicle owners with no other community benefits. He added that he is in support of allocating resources between vehicles and bicycles and unbundling parking and rental costs. Commissioner Serrone expressed his interest in data regarding the use of single-family garages for purposes beyond parking or whether parking spaces in multifamily developments are underutilized or overutilized. MOTION: Commissioner Howard moved to recommend that the City Council direct staff to conduct community outreach and prepare amendments to the Sunnyvale Municipal Code (SMC) and applicable Specific Plans parking regulations, to be considered at future hearings. The amendments to be studied are as follows: 1) Eliminating minimum automobile off-street parking requirements for residential City of Sunnyvale Page 7 Planning Commission Meeting Minutes February 26, 2024 uses. 2) Unbundling parking costs from rental costs for existing tenants. 3) Implementing street parking fees for everyone except low-income individuals and allocate the generated revenue to fund such improvements to our public transportation system as the Silicon Valley Hopper program. The motion failed for lack of a second. MOTION: Vice Chair Iglesias moved to recommend Alternative 3 to the City Council: Do not modify parking requirements. The motion failed for lack of a second. MOTION: Commissioner Howe moved and Commissioner Howard seconded the motion to recommend Alternative 2 to the City Council: Alternative 1 with modifications. The modification is stated below: 1) The City Council will also consider whether to direct staff to study the following amendments: a) Eliminating minimum automobile off-street parking requirements for residential uses. b) Unbundling parking costs from rental costs for existing tenants. c) Implementing street parking fees for everyone except low-income individuals and allocate the generated revenue to fund such improvements to our public transportation system as the Silicon Valley Hopper program. Commissioner Howe noted that by the time the City Council considers this item on March 19, 2024, staff will know which amendments are fiscally feasible to study. Commissioner Howard spoke in support of the motion and explained why. FRIENDLY AMENDMENT: Chair Pyne proposed a friendly amendment to also study the requirement of Transportation Demand Management (TDM) plans for all new projects, exempting most small projects including single-family homes, in lieu of City of Sunnyvale Page 8 Planning Commission Meeting Minutes February 26, 2024 eliminating required minimum parking for residential uses. Deliberation with Principal Planner Schroeder revealed that the inclusion of modification 1.C may not be feasible. Upon removal of this modification, Commissioner Howe and Commissioner Howard accepted the friendly amendment. Commissioner Davis voiced his support of the motion. Commissioner Serrone stated his support of the motion and emphasized the importance of mass transit and bicycle infrastructure. Commissioner Shukla confirmed her support of the motion. Vice Chair Iglesias advised that he is not in favor of the motion and explained why. Chair Pyne spoke in support of motion and detailed ways it will benefit the City. MOTION: Commissioner Howe moved and Commissioner Howard seconded the motion to recommend Alternative 2 to the City Council: Alternative 1 with modifications. The modification is stated below: 1) The City Council will also consider whether to direct staff to study the following amendments: a) Eliminating minimum automobile off-street parking requirements for residential uses. b) Unbundling parking costs from rental costs for existing tenants. FRIENDLY AMENDMENT: Chair Pyne proposed a friendly amendment to also study the requirement of Transportation Demand Management (TDM) plans for all new projects, exempting most small projects including single-family homes, in lieu of eliminating required minimum parking for residential uses. The motion carried by the following vote: City of Sunnyvale Page 9 Planning Commission Meeting Minutes February 26, 2024 Yes: 6 - Chair Pyne Commissioner Davis Commissioner Howard Commissioner Howe Commissioner Serrone Commissioner Shukla No: 1 - Vice Chair Iglesias This recommendation will be forwarded to the City Council for consideration at the March 19, 2024 meeting. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments At Commissioner Howard’s request, Planning Officer Shaunn Mendrin provided an update on the Village Center Master Plan as it pertains to the North Village Centers. Commissioner Serrone and Planning Officer Mendrin discussed the requirements that the proposed projects in the North Village Centers will be subject to due to Senate Bill 330. Chair Pyne confirmed with Planning Officer Mendrin that it is uncertain when Planning Commission meetings will start being held in the Council Chambers. -Staff Comments None. ADJOURNMENT Chair Pyne adjourned the meeting at 8:50 PM. City of Sunnyvale Page 10

Agenda

City of Sunnyvale Notice and Agenda Planning Commission Monday, February 26, 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 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. As a courtesy, and technology permitting, members of the public may also attend online. However, the City cannot guarantee that the public’s access to online technology will be uninterrupted, and technical difficulties may occur from time to time. Unless required by the Ralph M. Brown Act, the meeting will continue despite technical difficulties for participants using the online option. The Chair may determine it would be impractical to include remote public comment during Oral Communications. • 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 City of Sunnyvale Page 1 Printed on 2/22/2024 Planning Commission Notice and Agenda February 26, 2024 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 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 The Chair may determine it would be impractical to include remote public comment during Oral Communications for the purpose of timeliness of the meeting or conducting an orderly meeting. Such a determination shall be made prior to opening public comment on 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 City of Sunnyvale Page 2 Printed on 2/22/2024 Planning Commission Notice and Agenda February 26, 2024 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 24-0388 Approve Planning Commission Meeting Minutes of November 30, 2023 Recommendation: Approve Planning Commission Meeting Minutes of November 30, 2023 as submitted. 1.B 24-0389 Approve Planning Commission Meeting Minutes of February 12, 2024 Recommendation: Approve Planning Commission Meeting Minutes of February 12, 2024 as submitted. 1.C 24-0265 Proposed Project: DESIGN REVIEW: Demolish an existing home and construct a new two-story single-family home resulting in 4,838 square feet (3,864 square feet living area, 512 square feet garage, and 462 rear covered patio) and 40% floor area ratio (FAR), and a six-foot fence in the front yard. Location: 541 South Bayview Avenue (APN: 209-31-036) File #: PLNG-2023-0366 Zoning: R-0 (Low Density Residential) Applicant / Owner: Michelle Miner / Christopher & Margaret Allan Environmental Review: A Class 1 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions. Project Planner: Robby Miller, (408) 730-7429, rmiller@sunnyvale.ca.gov Recommendation: Alternative 1: Approve the Design Review based on the Findings in Attachment 3 and subject to the Recommended Conditions of Approval in Attachment 4. 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. City of Sunnyvale Page 3 Printed on 2/22/2024 Planning Commission Notice and Agenda February 26, 2024 2. 24-0385 Proposed Project: Consider actions related to implementation of the 2023-2031 Housing Element to amend the By-Right Approval process for certain parcels within the City: A. Introduce an Ordinance to Amend By-Right Approvals (Chapter 19.73 of the Sunnyvale Municipal Code) to clarify ministerial review of projects as it relates to proposed subdivisions. File #: PLNG-2024-0105 Location: Citywide Applicant: City of Sunnyvale Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357) Project Planner: Julia Klein, (408) 730-7463, jklein@sunnyvale.ca.gov 3. 24-0141 Forward a Recommendation to the City Council to Evaluate the Minimum Automobile Off-Street Parking Requirements for Residential Uses (Study Issue CDD 19-07) File #: 2022-7404 Environmental Review: The action is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15378(a). Project Planner: George Schroeder, (408) 730-7443, gschroeder@sunnyvale.ca.gov City of Sunnyvale Page 4 Printed on 2/22/2024 Planning Commission Notice and Agenda February 26, 2024 Recommendation: Recommend Alternative 1 to the City Council to direct staff to conduct community outreach and prepare amendments to the Sunnyvale Municipal Code (SMC) and applicable Specific Plans parking regulations, to be considered at future hearings. The amendments to be studied include: a. Clarifying parking standards to be objective and without discretionary review. b. Single/Two-Family Residential: i. Lowering minimum off-street parking spaces per property, with flexibility in type and arrangement. ii. Exploring maximum number of parking spaces and allowing tandem parking c. Multi-Family Residential: i. Introducing unbundled parking. ii. Adjusting/simplifying the unassigned space requirement (currently dependent on the type of covered assigned space provided). 1. For example, require the minimum parking standards to be a flat rate of 1 space per zero to one-bedroom unit; 1.5 spaces per two to three-bedroom unit; and 2 spaces for units with four or more bedrooms. iii. Examining maximum amount of parking required, except for areas within a half-mile of major transit stops. iv. Allowing flexibility in type (covered, uncovered) and arrangement, including a tandem allowance for up to 100% of units. v. Evaluating continued use of compact parking spaces. vi. Updating the Limited Street Parking Provisions to specify objective parking requirements in certain conditions. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments -Staff Comments ADJOURNMENT Notice to the Public: City of Sunnyvale Page 5 Printed on 2/22/2024 Planning Commission Notice and Agenda February 26, 2024 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 6 Printed on 2/22/2024

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