Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, August 12, 2024 6:00 PM Online and Council Chambers, 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 Davis called the meeting to order at 6:00 PM. Roll Call Present: 5 - Chair Nathan Iglesias Vice Chair Galen Kim Davis Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Ilan Sigura Absent: 2 - Commissioner Chris Figone Commissioner Martin Pyne Commissioner Figone arrived at 6:11 PM. Commissioner Pyne’s absence is excused. Study Session A. 24-0859 Proposed Project: Public Comments on the Notice of Preparation (NOP) of a Draft Environmental Impact Report (EIR) for the proposed Central Arques Specific Plan. Location: The plan area includes 17 existing parcels totaling approximately 80 acres and is generally bounded by East Arques Avenue to the north, Central Expressway to the south, Commercial Street/DeGuigne Drive to the west, and Santa Trinita Avenue to the east. File #: PLNG-2024-0493 Zoning: M-S (Industrial and Service) Applicant: City of Sunnyvale Environmental Review: Environmental Impact Report Project Planner: Cindy Hom, (408) 730-7411, City of Sunnyvale Page 1 Planning Commission Meeting Minutes August 12, 2024 chom@sunnyvale.ca.gov Provide public comments on the Notice of Preparation. Adjourn Study Session 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Chair Iglesias called the meeting to order at 7:00 PM. SALUTE TO THE FLAG Chair Iglesias led the salute to the flag. ROLL CALL Present: 6 - Chair Nathan Iglesias Vice Chair Galen Kim Davis Commissioner Chris Figone Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Ilan Sigura Absent: 1 - Commissioner Martin Pyne Commissioner Pyne’s absence is excused. ORAL COMMUNICATIONS None. CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Vice Chair Davis moved and Commissioner Shukla seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes August 12, 2024 Yes: 6 - Chair Iglesias Vice Chair Davis Commissioner Figone Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 Absent: 1 - Commissioner Pyne 1. 24-0861 Approve Planning Commission Meeting Minutes of July 22, 2024 Approve Planning Commission Meeting Minutes of July 22, 2024 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2. 24-0780 Proposed Project: Related applications on a 3.56-acre site: SPECIAL DEVELOPMENT PERMIT: to demolish three existing used auto sales buildings (office and repair garage space) and construct: 1) a seven-story mixed-use building including approximately 31,361 square feet of commercial/retail space on the first and second stories and 111 multifamily residential rental units on the third story and above; and 2) five, two-story single-family homes. VESTING TENTATIVE MAP: to subdivide the properties into six lots (one for the mixed-use building and five single-family lots). Location: 1104 and 1124 West El Camino Real (APNs: 198-17-023,198-17-029 File #: 2018-7798 Zoning: ECR-MU33 (El Camino Real Mixed Use) Applicant / Owner: Steve Brinkman (owner and applicant) Environmental Review: No additional review required as per CEQA Guidelines 15183 - environmental impacts of the project are addressed in the El Camino Real Specific Plan (ECRSP) Environmental Impact Report (EIR) Project Planner: Jeffrey Cucinotta, (408) 730-7424, jcucinotta@sunnyvale.ca.gov Senior Planner Jeffrey Cucinotta presented the staff report with a slide presentation. Vice Chair Davis questioned whether Senior Assistant City Attorney Anais Aquino agrees with the legal assertions made in the letter from the California Housing Defense Fund (CalHDF). She answered that she would provide an answer upon review of the letter. City of Sunnyvale Page 3 Planning Commission Meeting Minutes August 12, 2024 At Vice Chair Davis’ request, Senior Planner Cucinotta explained why a deviation is not required for the proposed project’s height. Vice Chair Davis confirmed with Senior Planner Cucinotta that the proposed project is subject to the City’s objective design standards. Principal Planner George Schroeder added that the Housing Accountability Act also applies and explained why. Senior Assistant City Attorney Aquino spoke in agreement with Principal Planner Schroeder’s explanation. Commissioner Serrone received clarification from Senior Planner Cucinotta regarding the proposed project and the fees it is subject to. Commissioner Serrone confirmed with Senior Planner Cucinotta that the proposed project includes multifamily rental residential units and five new single-family lots. Commissioner Serrone was informed by Senior Planner Cucinotta that the proposed project is not required to be fully electric, and the applicant may provide additional details on this matter. Commissioner Serrone and Senior Planner Cucinotta discussed the intent of the El Camino Real Specific Plan to redevelop the bicycle lane infrastructure along El Camino Real and the impact this has on the proposed project. Commissioner Serrone inquired about the retail space for Toyota on the ground floor of the proposed project. Senior Planner Cucinotta explained that the Commission’s approval of the proposed project ensures that retail space will be included on the ground floor of the proposed project and that the applicant may elaborate on this subject further. Commissioner Serrone provided comments on the proposed project’s design. Commissioner Serrone and Senior Planner Cucinotta discussed the frontage zone and build-to line for the proposed project. Commissioner Serrone confirmed with Senior Planner Cucinotta that the proposed project is subject to Green Building Program requirements and that the project would achieve a minimum of 90 points on the GreenPoint Rated checklist. Commissioner Serrone questioned why the proposed project does not require a Vehicle Miles Traveled (VMT) analysis, and Principal Planner Schroeder explained City of Sunnyvale Page 4 Planning Commission Meeting Minutes August 12, 2024 why. At Commissioner Shukla’s request, Senior Planner Cucinotta provided clarification on the setback requirements for the proposed project’s frontage zone. Commissioner Sigura asked about the planned use for the proposed project’s retail space. Senior Planner Cucinotta responded that the applicant may respond to this question. Commissioner Sigura expressed his concern about the seven-story development blocking the daylight view of the five single-family lots. Senior Planner Cucinotta responded that there is no daylight plane requirement for internal lots. Commissioner Figone confirmed with Senior Planner Cucinotta that there is emergency vehicle access to the five single-family lots. Commissioner Figone asked whether a percentage of the multifamily rental residential units will be compliant with the Americans with Disability Act (ADA). Senior Planner Cucinotta explained that the proposed project is subject to the California Building Standards Code and that this detail will be reviewed by the City’s Building Division. Chair Iglesias and Senior Planner Cucinotta discussed the consideration that was given to the proposed project’s design to safeguard the privacy of neighboring developments. Senior Planner Cucinotta added that the applicant may provide additional information on this subject. Commissioner Sigura asked whether the developer may use glazing on windows that face neighboring developments. Senior Planner Cucinotta advised that the Commission may ask the developer to consider changes to façade materials for the proposed project. Chair Iglesias opened the Public Hearing. John Thatch and John Vidovich (applicants) presented additional images and information on the proposed project. Commissioner Serrone questioned the impacts to the proposed project in the event the all-electric requirements of the Reach Codes are reinstated. Senior Assistant City Attorney Aquino answered that the reinstatement of these requirements is unlikely to be retroactive. City of Sunnyvale Page 5 Planning Commission Meeting Minutes August 12, 2024 Commissioner Serrone’s concerns about the noise generated by the proposed project’s auto dealership were addressed by Mr. Vidovich. At Commissioner Serrone’s request, Mr. Vidovich explained how vehicles for the proposed project’s auto dealership will be unloaded. Commissioner Serrone asked whether a common work area will be included for the proposed project’s multifamily rental residential units. Mr. Vidovich answered that while one will not be included, each unit will be approximately 2,400 square feet. Commissioner Serrone discussed drainage of the sunken gardens for the five single-family lots with Mr. Vidovich and Senior Planner Cucinotta. Commissioner Serrone inquired about Sunnyvale Municipal Code (SMC) 19.67 (Inclusionary Below Market Rate Ownership Housing) that the proposed project would be subject to if its multifamily rental units are converted to seven or more for-sale condo units. Senior Planner Cucinotta informed him that Recommended Condition of Approval GC-8 pertains to this requirement. Vice Chair Davis confirmed with Mr. Thatch that the landscaping on the podium does not count toward the City’s landscape requirements. Commissioner Sigura confirmed with Mr. Vidovich that the water heaters for the proposed project’s multifamily rental residential units will be powered by gas. Commissioner Figone inquired about the intended age group for the proposed project’s multifamily rental residential units. He also encouraged the inclusion of ADA-compliant units so that residents may age in place. Chair Iglesias and Mr. Vidovich discussed the light pollution that will impact southern neighbors of the proposed project as well as the impact on their privacy. At Chair Iglesias’ request, Mr. Vidovich elaborated on the compromises he made regarding the proposed project’s design in response to concerns raised by the public. James Allen, Sunnyvale resident, expressed his concerns regarding the proposed project. Christina Allen shared her concerns regarding the proposed project. She also City of Sunnyvale Page 6 Planning Commission Meeting Minutes August 12, 2024 suggested that parking for the proposed development be kept underground and that a traffic study should be conducted to determine the impacts that the proposed project may have on traffic. Susanne Morales, Sunnyvale resident, emphasized her concerns regarding the negative impacts that the proposed project will have upon traffic and the look and feel of the surrounding area. Mary, Sunnyvale resident, spoke of the issues that will arise because of the proposed project. Commissioner Serrone confirmed with Mary that there is currently no measure in place to prevent thru traffic on Blair Avenue. Stephen Meier voiced his support of the proposed project and stressed the importance of improved transit and safety for all modes of transportation on El Camino Real. Nisan Stiennon, Sunnyvale resident, spoke in support of the proposed project, explained why, and urged the Planning Commission to approve the proposed project and support efforts to increase the City’s housing supply. Angela Rausch, member of Livable Sunnyvale speaking in her own capacity, shared her excitement for the proposed project and encouraged the Commissioners to approve it since it will provide housing in a high resource area and benefit those aging in place. RJ, Sunnyvale resident, reiterated concerns previously expressed about traffic congestion, parking challenges, and the compatibility of the proposed project with the surrounding neighborhood. Mr. Vidovich provided some closing comments. Chair Iglesias closed the Public Hearing. Planning Officer Shaunn Mendrin clarified that conversion of the proposed project’s multifamily rental residential units to condominiums would require a separate, alternative compliance process after the proposed project is approved at a public hearing. Commissioner Shukla acknowledged concerns raised by the public and shared her reasons for supporting the proposed project. City of Sunnyvale Page 7 Planning Commission Meeting Minutes August 12, 2024 At Commissioner Sigura’s request, Planning Officer Mendrin explained that the conversion of the proposed project’s multifamily rental residential units to condominiums would require a percentage of the multifamily for-sale units to be Below Market Rate units. This would require an amendment to the Vesting Tentative Map and City Council approval, should the applicant request an alternative compliance plan. MOTION: Commissioner Serrone moved and Vice Chair Davis seconded the motion to approve Alternative 1 – Make the required findings to approve the CEQA determination that the project is consistent with the ECRSP EIR and no additional environmental review is required pursuant to CEQA Guidelines Section 15183 and approve the Special Development Permit and Vesting Tentative Map based on the Recommended Findings in Attachment 3 and Recommended Conditions of Approval in Attachment 4. Commissioner Serrone spoke of the benefits that the proposed project will contribute to the City. These include the ground floor retail space and housing. Vice Chair Davis confirmed his support of the proposed project and explained why. Commissioner Figone stated that he is in favor of the proposed project. Commissioner Shukla voiced her support of the motion and the proposed project. Commissioner Sigura spoke in support of the proposed project and expressed his hope to see the conversion of the proposed project’s multifamily rental residential units to condominiums. Chair Iglesias stated that he is supportive of the motion and commented that the proposed project considers the concerns of the public and the needs of the community. The motion carried by the following vote: Yes: 6 - Chair Iglesias Vice Chair Davis Commissioner Figone Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 Absent: 1 - Commissioner Pyne City of Sunnyvale Page 8 Planning Commission Meeting Minutes August 12, 2024 This decision is final unless appealed or called up for review by the City Council by 5:00 PM on Tuesday, August 27, 2024. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. INFORMATION ONLY REPORTS/ITEMS None. 3. 24-0862 Planning Commission Proposed Study Issues, Calendar Year: 2025 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments None. -Staff Comments Planning Officer Shaunn Mendrin announced that, starting with the Planning Commission meeting of September 9, 2024, Planning Commissioners will transition to paperless meeting packets with the use of iLegislate. He added that only hard copies of plan sets will be delivered to Commissioners who have elected to receive them. Planning Officer Mendrin confirmed with the Planning Commission that single-family home design reviews that meet criteria for approval may be approved under the Consent Calendar moving forward. He elaborated on the criteria for approval of these projects. Planning Officer Mendrin stated that the Planning Commission meeting of August 26, 2024, is canceled. Planning Officer Mendrin informed the Planning Commissioners that the City Council will consider the Development Agreement and Special Development permit for the Intuitive Surgical project on August 27, 2024. Planning Officer Mendrin advised the Planning Commissioners who will be attending the State of the City event in September 2024 to wear the polos that were City of Sunnyvale Page 9 Planning Commission Meeting Minutes August 12, 2024 given to them earlier in the evening. ADJOURNMENT Chair Iglesias adjourned the meeting at 9:09 PM. City of Sunnyvale Page 10