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Planning Commission

Regular Meeting

Sunnyvale, CA · October 28, 2024

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Minutes

City of Sunnyvale Meeting Minutes Planning Commission Monday, October 28, 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 - Vice Chair Galen Kim Davis Commissioner Martin Pyne Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Ilan Sigura Absent: 2 - Chair Nathan Iglesias Commissioner Chris Figone Chair Iglesias' absence is excused. Commissioner Figone’s absence is unexcused. Study Session A. 24-1042 Proposed Project: Related applications on a 1.0-acre vacant site: SPECIAL DEVELOPMENT PERMIT: to allow construction of six new two-story single-family residences; and, TENTATIVE PARCEL MAP: to create six single-family lots and one common lot. Location: 640 Lakehaven Drive (APN 110-16-040) File #: PLNG-2023-0138 Zoning: R-0/PD (Low Density Residential/Planned Development) Applicant / Owner: SDG Architects, INC. (applicant); GSJ & 2LLC (owner) Environmental Review: A Class 32 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions. Project Planner: Mary Jeyaprakash, (408) 730-7449, City of Sunnyvale Page 1 Planning Commission Meeting Minutes October 28, 2024 mjeyaprakash@sunnyvale.ca.gov Adjourn Study Session 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Vice Chair Davis called the meeting to order at 7:00 PM. SALUTE TO THE FLAG Vice Chair Davis led the salute to the flag. ROLL CALL Present: 6 - Vice Chair Galen Kim Davis Commissioner Chris Figone Commissioner Martin Pyne Commissioner Michael Serrone Commissioner Neela Shukla Commissioner Ilan Sigura Absent: 1 - Chair Nathan Iglesias Chair Iglesias' absence is excused. ORAL COMMUNICATIONS None. CONSENT CALENDAR There were no public speakers for this agenda item. MOTION: Commissioner Pyne 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 October 28, 2024 Yes: 6 - Vice Chair Davis Commissioner Figone Commissioner Pyne Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 Absent: 1 - Chair Iglesias 1. 24-1104 Approve Planning Commission Meeting Minutes of October 14, 2024 Approve Planning Commission Meeting Minutes of October 14, 2024 as submitted. PUBLIC HEARINGS/GENERAL BUSINESS None. STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES 2. 24-1106 CDD 25-01 Consider a Fee for Private Vehicles Parking on City Streets Principal Planner George Schroeder summarized the study issue titled "Consider a Fee for Private Vehicles Parking on City Streets." Commissioner Pyne asked about the impact of combining this study issue with the related residential parking study issue. Principal Planner Schroeder noted that since this study is more detailed, doing so would increase the timeline of the related residential parking study issue. Commissioner Sigura asked about the locations where this proposal would apply and Principal Planner Schroeder noted that this study issue is being considered in Citywide residential zoning districts. Commissioner Sigura asked whether the study will evaluate the number of parking permits per household and Principal Planner Schroeder replied that while it could be included in the study, three vehicles per household is the current limit. Commissioner Figone asked how parking will be enforced and Principal Planner Schroeder replied that signage will be posted in designated areas and enforced by the Department of Public Safety. Commissioner Pyne asked whether the Commission may reduce the scope of the City of Sunnyvale Page 3 Planning Commission Meeting Minutes October 28, 2024 study at this meeting or at a later date. Principal Planner Schroeder replied that modifications should be made at this meeting and Planning Officer Shaunn Mendrin noted that any revisions after tonight’s meeting would conflict with the Study Issue Workshop schedule. Vice Chair Davis asked how often parking has been enforced in residential public streets and noted that he lives close to a multifamily development where street parking can be hard to find. He asked how many petitions the City has received for street permit parking. Principal Planner Schroeder clarified that this would be part of the study. Vice Chair Davis opened the public hearing. There were no public speakers for this agenda item. Vice Chair Davis closed the public hearing. Commissioner Serrone noted that other proposed study issues seem to be of more importance. Commissioner Figone asked how this study issue was proposed and Vice Chair Davis recalled that former Planning Commissioner Howard proposed this study issue. Commissioner Figone noted his understanding of the study issue as parking has been an issue to many residents. Commissioner Pyne noted that the Community Development Department is currently proposing nine study issues to the City Council. He noted that he is open to reducing the scope of the study issue and bringing it back for further review next year. Commissioner Sigura noted that he does not feel that parking is a pressing issue at this time and the study should be conducted when there is a real need for it. He noted that he is not in favor of the study issue. Commissioner Shukla noted that she understands parking concerns that have been raised. However, she does not believe that the City's downtown area has a parking problem as there are ample parking spaces available there. She also noted that since there are other study issues that may be more pressing, we may wait to study this issue in the future. City of Sunnyvale Page 4 Planning Commission Meeting Minutes October 28, 2024 Vice Chair Davis asked whether this study issue may be deferred to next year and Principal Planner Schroeder replied that the study issue would have to be re-proposed next year. MOTION: Vice Chair Davis moved and Commissioner Pyne seconded the motion to drop the study issue from the Proposed Study Issues list. The motion carried by the following vote: Yes: 6 - Vice Chair Davis Commissioner Figone Commissioner Pyne Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 Absent: 1 - Chair Iglesias 3. 24-1107 CDD 25-02 Identify Opportunities for Allowing Neighborhood-Serving Commercial Uses in Residential Zoning Districts Principal Planner George Schroeder summarized the study issue titled "Identify Opportunities for Allowing Neighborhood-Serving Commercial Uses in Residential Zoning Districts." He noted that it was proposed in response to state laws that allow residential developments to more easily replace existing commercial spaces. The study would also ensure that there is no net loss in residential units. Commissioner Serrone noted that it may be a good idea to have retail close to residential developments. Principal Planner Schroeder described that the study would analyze the existing code. Vice Chair Davis opened the public hearing. There were no public speakers for this agenda item. Vice Chair Davis closed the public hearing. MOTION: Commissioner Pyne moved and Commissioner Shukla seconded the motion to sponsor the study issue from the Proposed Study Issues list. City of Sunnyvale Page 5 Planning Commission Meeting Minutes October 28, 2024 Commissioner Pyne said that he supports this study issue for the convenience of neighborhood services near residential developments. Commissioner Shukla noted her support of the study issue and said she believes that this may be a trend in the future. Vice Chair Davis voiced his support of the motion to reduce the need for driving to access neighborhood services. Commissioner Sigura spoke in agreement and support of the study issue to have small businesses near residential neighborhoods. The motion carried by the following vote: Yes: 6 - Vice Chair Davis Commissioner Figone Commissioner Pyne Commissioner Serrone Commissioner Shukla Commissioner Sigura No: 0 Absent: 1 - Chair Iglesias 4. 24-1108 CDD 25-03 Allow Commercial Marijuana Activities in Certain Zoning Districts Principal Planner George Schroeder summarized the study issue titled, “Allow Commercial Marijuana Activities in Certain Zoning Districts.” Commissioner Pyne confirmed with Principal Planner Schroeder that the motion approved by the Planning Commission should specify whether the study of reversing the prohibition on outdoor cultivation will be included. Commissioner Serrone asked staff about why this study would involve major effort and Principal Planner Schroeder clarified that research is needed to assess how other cities are handling associated issues. Commissioner Serrone stated that the City's loss of potential revenue is a negative impact. Commissioner Sigura asked if the study addresses who is allowed to purchase the drugs and Principal Planner Schroeder responded that the City would follow state law. City of Sunnyvale Page 6 Planning Commission Meeting Minutes October 28, 2024 Commissioner Figone asked staff if San Jose limits the number of dispensaries that are permitted to operate. Principal Planner Schroeder noted that he is aware that San Jose limits where dispensaries may operate and Mountain View limits the operation of three dispensaries at a time. Vice Chair Davis opened the public hearing. There were no public speakers for this agenda item. Vice Chair Davis closed the public hearing. Commissioner Shukla noted the potential increase in tax benefits for the City and she confirmed her support of the study issue. Commissioner Sigura noted his concern for promoting marijuana and his difficulty supporting this study issue. Commissioner Serrone noted his support of the study issue and his desire to narrow its scope to limit the number of dispensaries or prohibit cash transactions. He noted that marijuana dispensaries have long been around. MOTION: Commissioner Serrone moved and Commissioner Pyne seconded the motion to sponsor the study issue from the Proposed Study Issues list. FRIENDLY AMENDMENT: Commissioner Pyne proposed a friendly amendment to specify that the study issue scope will not include reversing the prohibition on outdoor cultivation. Commissioner Serrone accepted the friendly amendment. Commissioner Figone sees both good and bad aspects of marijuana dispensaries and feels that the tax benefit is minimal since there are already dispensaries nearby. He noted that public outreach should be conducted. Commissioner Serrone noted that the proposal is to study the issue of allowing marijuana dispensaries. Commissioner Pyne noted that he understands that dispensaries prefer cash transactions since state law does not coincide with federal law on the matter. City of Sunnyvale Page 7 Planning Commission Meeting Minutes October 28, 2024 Commissioner Shukla noted that the Commission has convinced her to support the study the issue. Vice Chair Davis stated his support of the motion. He noted that public input would be helpful to the study. MOTION: Commissioner Serrone moved and Commissioner Pyne seconded the motion to sponsor the study issue from the Proposed Study Issues list. FRIENDLY AMENDMENT: Commissioner Pyne proposed a friendly amendment to specify that the study issue scope will not include reversing the prohibition on outdoor cultivation. Commissioner Serrone accepted the friendly amendment. The motion carried by the following vote: Yes: 5 - Vice Chair Davis Commissioner Figone Commissioner Pyne Commissioner Serrone Commissioner Shukla No: 1 - Commissioner Sigura Absent: 1 - Chair Iglesias INFORMATION ONLY REPORTS/ITEMS None. 5. 24-1105 Planning Commission Proposed Study Issues, Calendar Year: 2025 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments None. -Staff Comments None. ADJOURNMENT City of Sunnyvale Page 8 Planning Commission Meeting Minutes October 28, 2024 Vice Chair Davis adjourned the meeting at 8:07 PM. City of Sunnyvale Page 9

Agenda

City of Sunnyvale Notice and Agenda Planning Commission Monday, October 28, 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 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 to the meeting start to planningcommission@sunnyvale.ca.gov or by mail to: Sunnyvale Planning Division, 456 W. Olive Avenue, Sunnyvale, CA 94086-3707 City of Sunnyvale Page 1 Printed on 10/22/2024 Planning Commission Notice and Agenda October 28, 2024 • 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)). 6 P.M. STUDY SESSION Call to Order Call to Order via teleconference and in the Council Chambers. Roll Call Study Session The public may provide comments regarding the Study Session item(s). If you wish to address the Planning Commission, please refer to the notice at the beginning of this agenda. A. 24-1042 Proposed Project: Related applications on a 1.0-acre vacant site: SPECIAL DEVELOPMENT PERMIT: to allow construction of six new two-story single-family residences; and, TENTATIVE PARCEL MAP: to create six single-family lots and one common lot. Location: 640 Lakehaven Drive (APN 110-16-040) File #: PLNG-2023-0138 Zoning: R-0/PD (Low Density Residential/Planned Development) Applicant / Owner: SDG Architects, INC. (applicant); GSJ & 2LLC (owner) Environmental Review: A Class 32 Categorical Exemption relieves this project from California Environmental Quality Act (CEQA) provisions. Project Planner: Mary Jeyaprakash, (408) 730-7449, mjeyaprakash@sunnyvale.ca.gov Adjourn Study Session City of Sunnyvale Page 2 Printed on 10/22/2024 Planning Commission Notice and Agenda October 28, 2024 7 P.M. PLANNING COMMISSION MEETING CALL TO ORDER Call to Order via teleconference and in the Council Chambers. 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 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. 24-1104 Approve Planning Commission Meeting Minutes of October 14, 2024 Recommendation: Approve Planning Commission Meeting Minutes of October 14, 2024 as submitted. 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 10/22/2024 Planning Commission Notice and Agenda October 28, 2024 STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES 2. 24-1106 CDD 25-01 Consider a Fee for Private Vehicles Parking on City Streets Recommendation: Vote whether to sponsor the study issue from the Proposed Study Issues list. 3. 24-1107 CDD 25-02 Identify Opportunities for Allowing Neighborhood-Serving Commercial Uses in Residential Zoning Districts Recommendation: Vote whether to sponsor the study issue from the Proposed Study Issues list. 4. 24-1108 CDD 25-03 Allow Commercial Marijuana Activities in Certain Zoning Districts Recommendation: Vote whether to sponsor the study issue from the Proposed Study Issues list. INFORMATION ONLY REPORTS/ITEMS 5. 24-1105 Planning Commission Proposed Study Issues, Calendar Year: 2025 (Information Only) NON-AGENDA ITEMS AND COMMENTS -Commissioner Comments -Staff Comments ADJOURNMENT Notice to the Public: 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 City of Sunnyvale Page 4 Printed on 10/22/2024 Planning Commission Notice and Agenda October 28, 2024 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 5 Printed on 10/22/2024

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