City of Sunnyvale
Meeting Minutes - Draft
Planning Commission
5:30 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Monday, December 13, 2021
Special Meeting: Joint Study Session of the Housing and Human Services Commission and the Planning Commission - 5:30 PM | Regular Meeting - 7:00 PM 7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted telephonically; pursuant to state law, the City Council made the necessary findings by adopting Resolution No. 1089-21, reaffirmed on November 16, 2021.
Chair Howard called the meeting to order at 7:00 PM.
ROLL CALL
Chair Daniel Howard
Vice Chair Martin Pyne
Commissioner Nathan Iglesias
Commissioner Ken Rheaume
Commissioner Carol Weiss
Present: 5 -
Commissioner Sue Harrison
Commissioner John Howe
Absent: 2 -
Commissioner Harrison’s and Commissioner Howe’s absences are excused.
PUBLIC HEARINGS/GENERAL BUSINESS
3. 21-1028 Forward a Recommendation to the City Council to Adopt an Urgency Interim Ordinance and Introduce an Ordinance
Amending Titles 18 (Subdivisions) and 19 (Zoning) and Title 13 (Streets and Sidewalks) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts and Find that the Action is Exempt from the California Environmental Quality
Attachment 8
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Sunnyvale
December 13, 2021Planning Commission Meeting Minutes - Draft Act
Principal Planner Amber Blizinski presented the staff report with a slide presentation.
Vice Chair Pyne commended staff on the clarity of the staff presentation and the terminology used to explain SB 9. He also asked about how difficult it might be for an applicant to determine whether they are within the half-mile distance indicated in Option E. Principal Planner Blizinski stated that a Geographic Information System (GIS) map will be created to assist with this determination and staff will look into making the map accessible to the public. She also advised that the Planning Commission may simplify Option E by omitting the words “walking distance.” Director of Community Development Trudi Ryan added that there are various free mapping tools available online to assist applicants as well.
Commissioner Rheaume engaged in a discussion with Principal Planner Blizinski regarding Options B, C, and F, and the scenarios outlined in Attachment 6. Principal Planner Blizinski explained what is meant by each option in greater detail as well as touched on some of the scenarios present in Attachment 6.
Commissioner Weiss confirmed with Principal Planner Blizinski that SB 9 may apply to Eichler neighborhoods as well.
Commissioner Weiss recalled a time when the City originally required owner occupancy deed restrictions for ADUs and reasons why. Principal Planner Blizinski elaborated on the history of this requirement as it applied to ADUs.
Commissioner Weiss disclosed that she would be in favor of deed restrictions on non-urban lot split sites and asked whether they would be included in a deed if the property is sold. Principal Planner Blizinski confirmed that alternative language may be found in Attachment 7 and may be included in the motion for this agenda item if the Commission wishes to include the deed restriction component.
Commissioner Weiss questioned how the state defines an urban area and what is considered urbanized. Principal Planner Blizinski responded that there are size and density requirements to make this distinction and that all of Sunnyvale is included.
Commissioner Iglesias expressed his concerns with a maximum of 45% FAR for Dual Urban Opportunity (DUO) Housing. He also considered whether the creation of a parking requirement (Option E) resolves an issue or poses a challenge to
Attachment 8
December 13, 2021Planning Commission Meeting Minutes - Draft residents instead. Lastly, he questioned the impact that imposing owner occupancy deed restrictions may have on the creation of housing opportunities within the City.
Chair Howard spoke in favor of removing the parking requirement (Option E) and explained why.
Commissioner Weiss revealed her concern that SB 9 does not consider housing for the missing middle. Principal Planner Blizinski assured her that SB 9 allows for one to four units on every lot: either two DUO units and two ADUs without a lot split or two DUO units per lot with a lot split.
Vice Chair Pyne inquired about whether there were any reports of adverse impacts (i.e., harm to tenants, poor maintenance of property, etc.) when the City lifted owner occupancy deed restrictions for ADUs. Principal Planner Blizinski advised there were few reports, if any. Director Ryan added that concerns were primarily raised by owners who were unable to reside onsite for one reason or another.
Chair Howard opened the Public Hearing.
There were no public speakers for this agenda item.
Chair Howard closed the Public Hearing.
MOTION: Vice Chair Pyne moved and Chair Howard seconded the motion to approve Alternative 2 – Find that the Action is Exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resource Code Section 15282(h) and does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Adopt an Urgency Interim Ordinance (Attachment 2 to the report) and Introduce an Ordinance (Attachment 3 to the report) Amending Title 18 (Subdivisions) and Title 19 (Zoning) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts with the following modification as set forth in Attachment 7 to the report:
E. Waive parking requirements for all DUOs.
Vice Chair Pyne spoke in favor of the motion. Regarding Option E, he highlighted the flexibility that would be given to homeowners and developers to include parking.
He also stated that enforcing owner occupancy deed restrictions may result in
Attachment 8
December 13, 2021Planning Commission Meeting Minutes - Draft decreased housing opportunities within the City. He then disclosed that he is opposed to supporting any motion that includes the removal of the R-2 zoning district from these new regulations.
Chair Howard spoke in favor of the motion as the inclusion of no parking requirement would allow homeowners the freedom to include a garage on their property should they have the desire to do so.
Commissioner Weiss spoke in opposition of the motion since she views the lack of a garage to be impractical during a time when electric and hybrid vehicles exist, and people travel to various places not accessible via transit.
Commissioner Rheaume spoke in opposition of the motion and echoed comments made by Commissioner Weiss. He added his support of owner occupancy deed restrictions as a means for ensuring that property is well-maintained.
Commissioner Iglesias voiced his support of the motion.
The motion failed by the following vote:
Yes: Chair Howard
Vice Chair Pyne
Commissioner Iglesias
3 -
No: Commissioner Rheaume
Commissioner Weiss
2 -
Absent: Commissioner Harrison
Commissioner Howe
2 -
MOTION: Chair Howard moved and Vice Chair Pyne seconded the motion to approve Alternative 1 – Find that the Action is Exempt from the California Environmental Quality Act (“CEQA”) pursuant to Public Resource Code Section 15282(h) and does not constitute a “project” within the meaning of CEQA pursuant to CEQA Guidelines Section 15061(b)(3) and Adopt an Urgency Interim Ordinance (Attachment 2 to the report) and Introduce an Ordinance (Attachment 3 to the report) Amending Title 18 (Subdivisions) and Title 19 (Zoning) of the Sunnyvale Municipal Code related to new State Legislation (Senate Bill 9) on Housing Development in Single-Family Zoning Districts.
Attachment 8
December 13, 2021Planning Commission Meeting Minutes - Draft The motion carried by the following vote:
Yes: Chair Howard
Vice Chair Pyne
Commissioner Iglesias
Commissioner Rheaume
Commissioner Weiss
5 -
No: 0
Absent: Commissioner Harrison
Commissioner Howe
2 -
This recommendation will be forwarded to the City Council for consideration at the January 4, 2022 meeting.
Attachment 8