Planning Commission

City of Sunnyvale Meeting Minutes Planning Commission Monday, October 14, 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: 6 - Chair Nathan Iglesias Vice Chair Galen Kim Davis Commissioner Martin Pyne Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Ilan Sigura Absent: 1 - Commissioner Chris Figone Commissioner Figone arrived at 6:05 PM. Study Session A. 24-1036 Proposed Project: Related applications on a 2.2-acre site: SPECIAL DEVELOPMENT PERMIT: to consider the redevelopment of a shopping center with a 46-unit, three-story townhouse development; and, TENTATIVE TRACT MAP: to subdivide the existing lot into 7 lots and 4 parcels, and create 46 condominiums. Location: 1040-1060 East El Camino Real (APN: 313-04-026) File #: PLNG-2023-0880 Zoning: ECR-MU24 (El Camino Real Mixed Use) Applicant / Owner: Balboa Retail Partners (applicant) / Brfii Bell Llc (owner) Environmental Review: No additional review required as per CEQA Guidelines 15168(c)(2) and (4) - environmental impacts of the project City of Sunnyvale Page 1 Planning Commission Meeting Minutes October 14, 2024 are addressed in the El Camino Real Specific Plan (ECRSP) Environmental Impact Report (EIR). Project Planner: Momo Ishijima, (408) 730-7532, mishijima@sunnyvale.ca.gov Adjourn Study Session 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Chair Iglesias called the meeting to order at 7:23 PM. SALUTE TO THE FLAG Chair Iglesias led the salute to the flag. ROLL CALL Present: 7 - Chair Nathan Iglesias Vice Chair Galen Kim Davis Commissioner Chris Figone Commissioner Martin Pyne Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Ilan Sigura ORAL COMMUNICATIONS Chair Iglesias announced that recruitment is underway for the City’s Charter Review Committee. He provided some details on the Committee and the application and interview processes. There were no public speakers for this agenda item. CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Shukla moved and Commissioner Pyne seconded the motion to approve the Consent Calendar. The motion carried by the following vote: City of Sunnyvale Page 2 Planning Commission Meeting Minutes October 14, 2024 Yes: 7 - Chair Iglesias Vice Chair Davis Commissioner Figone Commissioner Pyne Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 1. 24-1008 Approve Planning Commission Meeting Minutes of September 23, 2024 Approve Planning Commission Meeting Minutes of September 23, 2024 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS 2. 24-0955 Proposed Project: Introduce an Ordinance to: Amend Article 5 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code to Allow Safe Parking as a Primary or Ancillary Use at Specified Sites, other related Zoning Code Amendments, and related Amendments to the Peery Park Specific Plan Land Use Table and Direct Staff to Pursue Implementing a Safe Parking Pilot Program on Public Land. Location: Citywide File #: PLNG-2024-0645 Zoning: C-4, MP-02, M-S, M-3, PPSP-IE, and PPSP-MIC and Place of Assembly - Community Serving us sites Environmental Review: Class 1 (California Environmental Quality Act [CEQA] Guidelines Section 15301), Class 4 (Section 15304), and Class 11 (Section 15311) Categorical Exemptions and Section 16061(b)(3) Project Manager: Amanda Sztoltz, (408) 730-7451, asztoltz@sunnyvale.ca.gov Director of Community Development Trudi Ryan presented the staff report with a slide presentation. Commissioner Serrone spoke in support of the Safe Parking Program and noted the need for one. He and Director of Community Development Trudi Ryan discussed the program in detail, including services it would provide, applicable regulations, its funding sources, and its associated costs. In response to a question about on-street parking RVs, Director of Community Development Trudi Ryan indicated that the Department of Public Safety is currently working on a Study Issue regarding City of Sunnyvale Page 3 Planning Commission Meeting Minutes October 14, 2024 on-street parking regulations. At Commissioner Serrone’s request, Director of Community Development Trudi Ryan explained why amendments to the Peery Park Specific Plan Land Use Table are required. Commissioner Serrone confirmed with Director of Community Development Trudi Ryan that a trash collection program is being considered for unhoused residents and that an ordinance is not required for it to take effect. At Vice Chair Davis’ request, Director of Community Development Trudi Ryan defined the term “referral only” as it pertains to best practice operating standards for Safe Parking Program sites. At Commissioner Pyne’s request, Director of Community Development Trudi Ryan provided information on the requirements for public hearings for Safe Parking Program sites in such cities as Mountain View, Fremont, Palo Alto, and San Jose. Commissioner Pyne confirmed with Homeless Services Manager Amanda Sztoltz that the Planning Commission will likely not review a proposed Safe Parking Program’s policies and screening procedures. She added that applicants will be contractually obligated to meet applicable requirements before a program’s operations may begin. Director of Community Development Trudi Ryan added that the ordinance outlines the permit application materials that the Planning Commission will review. Commissioner Figone confirmed with Homeless Services Manager Sztoltz that there are agencies that provide mobile health visits to Safe Parking Program sites. She added that such services are limited for animals. Commissioner Figone questioned whether City residents may be prioritized for Safe Parking Programs. Homeless Services Manager Sztoltz explained that the City may prioritize the eligibility of those who reside or work in the City and/or those who have children in a City school district for programs that are fully funded by the City. Director of Community Development Trudi Ryan added that the City may have limited discretion to determine eligibility for programs that receive additional funding from other sources. Commissioner Figone asked whether private security will be in place at Safe City of Sunnyvale Page 4 Planning Commission Meeting Minutes October 14, 2024 Parking Program sites. Homeless Services Manager Sztoltz responded that while this will not be a requirement due to its costliness, an on-site 24/7 program operator or roving security to visit various sites will be considered instead. At Commissioner Figone’s request, Homeless Services Manager Sztoltz explained how the success for Safe Parking Programs might be measured. Commissioner Shukla confirmed with Director of Community Development Trudi Ryan that while it may take longer than six months for the City’s Safe Parking Pilot Program to be implemented, overnight programs might be implemented by places of worship much sooner. Commissioner Shukla noted that some Safe Parking Program sites may receive opposition. Director of Community Development Trudi Ryan responded that the Planning Commission must consider the strength of arguments made as well as concerns raised by the public when considering whether to approve permits for Safe Parking Programs. Commissioner Sigura asked how the length of time that a safe parking program could operate will be administered. Director of Community Development Trudi Ryan explained that Safe Parking Programs will be approved to operate for one year and an extension will be considered upon review of the programs’ success. At Commissioner Sigura’s request, Director of Community Development Trudi Ryan explained the process for verifying whether candidates are City residents or have worked in the City to prioritize them for program eligibility. Commissioner Sigura received clarification from Homeless Services Manager Sztoltz regarding how the unhoused community will benefit from the case management and social services they will receive through the Safe Parking Program. Commissioner Serrone confirmed with Director of Community Development Trudi Ryan that WeHOPE services are available to those who are unhoused. Commissioner Serrone asked about the number of people who are living in their vehicles and are employed. Homeless Services Manager Sztoltz answered that the County may have this data. City of Sunnyvale Page 5 Planning Commission Meeting Minutes October 14, 2024 Chair Iglesias confirmed with Homeless Services Manager Sztoltz that existing Safe Parking Program sites have not experienced an increase in crime. Chair Iglesias confirmed with Homeless Services Manager Sztoltz that it is unlikely for a successful City Safe Parking Program to attract unhoused individuals from other jurisdictions. At Chair Iglesias’ request, Homeless Services Manager Sztoltz explained why both overnight and 24/7 Safe Parking Programs will be permitted in the City. Chair Iglesias and Homeless Services Manager Sztoltz discussed how residents of Safe Parking Programs will receive food in instances where a kitchen facility is not accessible on-site. At Chair Iglesias’ request, Homeless Services Manager Sztoltz highlighted the distinction between the Safe Parking Program’s approach of helping the unhoused transition to more permanent housing and the alternative of simply covering the cost of their rent as a form of assistance. Chair Iglesias opened the Public Hearing. Agnes Veith, Sunnyvale resident and Livable Sunnyvale member speaking on her own behalf, posed questions regarding sections of the ordinance. They are as follows: 1) Will the public be notified when a notice specifying the reason for revocation is mailed to a Safe Parking Program operator and property owner? Will the subsequent hearing be a public hearing that will allow for public comment? 2) Will City staff be required to respond within a specific timeframe from the date the permit application is submitted? 3) What is the minimum number of days’ notice that individuals participating in a rotational program will be given before they must move to another approved site? Chuck Fraleigh, speaking on his own capacity, spoke in support of Safe Parking Programs and shared his concern that places of worship are limited to operating strictly as a small site. Director of Community Development Trudi Ryan noted that places of worship may operate a large safe parking site that is ancillary to the place City of Sunnyvale Page 6 Planning Commission Meeting Minutes October 14, 2024 of worship use, regardless of the zoning district. Rita Welsh, Sunnyvale resident speaking on her own behalf, voiced her support of Safe Parking Programs. Director of Community Development Trudi Ryan responded to questions posed by Agnes Veith. A notice of revocation would be sent to the operator and property owner, but not to the general public. The applications for Safe Parking would be subject to the same timeframes and procedures for processing any Planning permit application. The rotational programs are typically set up with participants knowing at the beginning what the rotational schedule is. Chair Iglesias closed the Public Hearing. Vice Chair Davis expressed his desire to prioritize the eligibility of households with children in all school districts within the City for the City’s Safe Parking Programs. Director of Community Development Trudi Ryan emphasized that this would be the City’s intention. MOTION: Commissioner Serrone moved and Vice Chair Davis seconded the motion to recommend Alternatives 1, 2, and 3 to the City Council: 1) Introduce an Ordinance to Amend Article 5 (Special Housing Issues) of Title 19 (Zoning) of the Sunnyvale Municipal Code to Allow Safe Parking as a Primary or Ancillary Use at Specified Sites, other related Zoning Code Amendments, and related Amendments to the Peery Park Specific Plan Land Use Table (Attachment 2 to the report) and Find that the action is exempt from the California Environmental Quality Act (CEQA) pursuant to the Class 1, Class 4, and Class 11 Categorical Exemptions and Section 16061(b)(3); 2) Direct Staff to Pursue Implementing a Safe Parking Pilot Program on Public Land and return to Council with program details; and, 3) Direct staff to prepare a Budget Issue for consideration with the FY 2025-2026 Budget for a General Fund grant for a nonprofit or faith-based organization to provide a Safe Parking Program on private land. Commissioner Serrone voiced his support of the motion and explained why. Vice Chair Davis stated his support of the motion and expressed his gratitude for the City staff and organizations involved in advocating for Safe Parking Programs within the City. City of Sunnyvale Page 7 Planning Commission Meeting Minutes October 14, 2024 Commissioner Sigura spoke in support of Safe Parking Programs and expressed his interest in any feedback on programs implemented within the City at a later time. Commissioner Pyne expressed his support of the motion and his gratitude for City staff efforts. Commissioner Shukla confirmed that she is in support of the motion. Commissioner Figone noted his support of the motion and Safe Parking Programs. He emphasized the importance if utilizing feedback to continuously improve City programs. Chair Iglesias recognized the staff presentation as compelling, compassionate, and consistent with City values. He proposed ways to strengthen this presentation as well. The motion carried by the following vote: Yes: 7 - Chair Iglesias Vice Chair Davis Commissioner Figone Commissioner Pyne Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 Planning Officer Shaunn Mendrin indicated that the Housing and Human Services Commission would consider this item on October 23, 2024. The recommendations will be forwarded to the City Council for consideration at the November 12, 2024 meeting. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES None. INFORMATION ONLY REPORTS/ITEMS None. City of Sunnyvale Page 8 Planning Commission Meeting Minutes October 14, 2024 3. 24-1009 Planning Commission Proposed Study Issues, Calendar Year: 2025 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments None. -Staff Comments Planning Officer Mendrin informed the Planning Commissioners that the joint meeting of City Council with Board and Commission Chairs and Vice Chairs will be held on November 19, 2024. ADJOURNMENT Chair Iglesias adjourned the meeting at 8:50 PM. City of Sunnyvale Page 9