City of Sunnyvale
Meeting Minutes
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 Special Teleconference Notice
Public Participation
Accessibility/Americans with Disability Act (ADA) Notice 5:30 P.M. STUDY SESSION
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.
Vice Chair Pyne called the meeting to order at 5:36 PM.
Roll Call
Planning Commission
Present: 7 - Vice Chair Martin Pyne
Commissioner Carol Weiss
Absent: 5 - Chair Howard
Commissioner Nathan Iglesias
Commissioner Ken Rheaume
Commissioner Sue Harrison
Commissioner John Howe
Chair Howard and Commissioner Iglesias arrived at approximately 6:00 PM.
Commissioner Harrison’s and Commissioner Howe’s absences are excused.
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
Commissioner Rheaume’s absence is unexcused.
Housing and Human Services Commission
Present: 6 - Chair Elinor Stetson
Vice Chair Linda Sell
Commissioner Jim Davis
Commissioner Ken Hiremath
Commissioner Leesa Riviere
Commissioner Scott Duncan
Study Session
A. 21-1133
2023-2031 Housing Element Update (Joint Study Session of the Planning Commission and the Housing and Human Services
Commission)
Adjourn Study Session
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.
ORAL COMMUNICATIONS
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
None.
CONSENT CALENDAR
MOTION: Commissioner Weiss moved and Vice Chair Pyne seconded the motion to approve the Consent Calendar.
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 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, December 28, 2021.
1.A 21-1130
Approve Planning Commission Meeting Minutes of November 22, 2021
1.B 21-1132 Annual Review of the Code of Ethics and Conduct for Elected and Appointed Officials
1.C 21-1020 Proposed Project:
DESIGN REVIEW: To construct a new 720-square foot attached patio cover in the rear of the house resulting in a total floor area of 4,447 square feet and 30% floor area ratio (FAR).
Location: 1479 Barton Drive (APN: 320-06-039)
File #: 2021-7579
Zoning: R-1 (Low Density Residential)
Applicant / Owner: Exterior Perfections (applicant) / Kevin and Elizabeth S Shen (owner)
Environmental Review: Class 1 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Momoko Ishijima, (408) 730-7532,
[email protected]
PUBLIC HEARINGS/GENERAL BUSINESS
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
2. 21-1021 Proposed Project:
APPEAL of a decision by the Director of Community
Development denying a Design Review for the demolition of an existing single-story, single-family residence and the construction of a new two-story, single-family residence resulting in 2,806-square foot floor area (2,037 square feet living area, 466 square feet garage, and 303 square feet covered patio) and
45.1% floor area ratio (FAR). The project also includes a 487 square foot basement.
Location: 872 Shirley Avenue (APN: 165-25-029)
File #: 2021-7228
Zoning: R-0 (Low Density Residential)
Applicant / Owner: Rolm Design Studios, Inc. (applicant) / Vito Tomasello and Hannah Noble (owners and appellants)
Environmental Review: Class 3 Categorical Exemption relieves this project from the California Environmental Quality Act (CEQA) provisions.
Project Planner: Momoko Ishijima, (408) 730-7532,
[email protected]
Senior Planner Momoko Ishijima presented the staff report with a slide presentation.
Commissioner Weiss confirmed with Senior Planner Ishijima that there is currently one application for a two-story house for the property directly behind the proposed project and that it plans to comply with the 35% second to first floor ratio maximum stipulated in the Single Family Design Techniques Design Guidelines 3.4 and
3.4-SF1. She also confirmed that two two-story homes currently exist in the 88-lot Hawthorn Park subdivision.
Commissioner Rheaume inquired about whether the two- and three-story townhomes adjacent to the Hawthorn Park subdivision were factored into staff’s decision to deny the Design Review for the proposed project. Senior Planner Ishijima provided an explanation of the term neighborhood as defined by the Single Family Design Techniques and the Floor Area Ratio (FAR) Analysis conducted for the proposed project. She also advised that the existing two-story homes in the Hawthorn Park subdivision each have an FAR that do not exceed the maximum 35% that is permitted.
Commissioner Rheaume called attention to plate heights of the proposed project and asked about the possibility of reducing them from nine feet to eight feet. Senior Planner Ishijima responded that the plate height was reduced to nine feet from the proposed project’s first submission. She also explained that if the square footage of the second floor was reduced, the proposed project would be able to comply with
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
the maximum 35% second to first floor ratio. Principal Planner Noren Caliva-Lepe added that this may also be achieved if the position of the mass on the second floor was altered.
Vice Chair Pyne confirmed with Senior Planner Ishijima that the existing two-story homes were built prior to the adoption of the Single Family Design Techniques. She mentioned that they may be found toward the back and facing Central Expressway.
Senior Planner Ishijima also confirmed that the residents of the Hawthorn Park subdivision have not submitted an application for a Single-Story Overlay District.
Vice Chair Pyne and Senior Planner Ishijima discussed the possibility of preserving the existing protected tree while simultaneously reducing the proposed project’s visual bulk.
Commissioner Iglesias confirmed with Senior Planner Ishijima that within the last ten years there have been no requests for two-story additions on both Shirley Avenue and Lori Avenue. Senior Planner Ishijima then described incentive options available through the Sunnyvale green building program.
When Commissioner Iglesias requested clarification about whether staff had concerns about the proposed project’s FAR or its visual bulk, Principal Planner Caliva-Lepe explained that staff would be more amenable to the proposed project’s design if the visual bulk was pushed back and if the square footage of the second floor was reduced.
Commissioner Iglesias asked about whether those who opposed the Design Review of the proposed project reside within the vicinity of the proposed project. Senior Planner Ishijima noted that the applicant’s presentation includes a map depicting the residences of those in opposition.
Chair Howard verified with Senior Planner Ishijima that the two existing two-story homes within the Hawthorn Park subdivision are located at 803 and 877 Shirley Avenue. Lasty, when prompted by Chair Howard, Senior Planner Ishijima provided the square footage that needs to be shifted from the second floor to the first floor to meet the 35% second to first floor ratio design guideline.
Commissioner Rheaume and Principal Planner Caliva-Lepe discussed the impact that Senate Bill (SB) 8 would have on the design guidelines for single family homes.
When he asked whether staff has considered modifying the 35% second to first
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
floor ratio maximum, Principal Planner Amber Blizinski responded that this has not been considered. Commissioner Rheaume revealed that with SB 8 soon to be in effect, he is looking ahead to approve quality projects.
Commissioner Weiss proposed various options that would allow the applicant to meet the maximum second to first floor ratio of 35%. Senior Planner Ishijima revealed that multiple options were presented to the applicant, however, the applicant is committed to the proposed project’s current design. Senior Planner Ishijima advised Commissioner Weiss to discuss these options with the applicant in more detail.
Chair Howard asked whether the applicant might have more flexibility in their design if they incorporated an Accessory Dwelling Unit (ADU) in the proposed project’s second floor. Principal Planner Caliva-Lepe explained that there are other factors to be mindful of under this circumstance. These include design and neighborhood context.
Chair Howard opened the Public Hearing.
Vito Tomasello, appellant and property owner, presented the project including additional images and information.
Commissioner Weiss and Mr. Tomasello discussed the cost difference associated with addressing the uneven mass distribution between the first and second floors of the proposed project.
Commissioner Weiss asked Mr. Tomasello about whether he has considered placing a guest bedroom on the first floor of the proposed project. Mr. Tomasello noted that there is also a guest bedroom/office on the first floor. They also conversed about the possibility of bringing the proposed project entrance forward to extend beyond the garage.
Commissioner Rheaume questioned whether Mr. Tomasello has considered reducing the plate height on the second floor from nine feet to eight feet. Mr.
Tomasello explained that this option has been explored and that he is not amenable to the plate height reduction.
At Vice Chair Pyne’s request, Mr. Tomasello provided clarification on the proposed project’s guest bedroom located on the first floor.
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
Vice Chair Pyne asked if a solar shading analysis was completed for the proposed project. Principal Planner Caliva-Lepe confirmed that a solar analysis was completed and that the purpose of a solar analysis is to protect the neighbors’ ability to install solar panels on the roof of their homes. She also specified that there are no solar requirements for how much of the ground is being shaded.
Commissioner Iglesias stressed the importance of compromise on the applicant’s part and proposed a first-floor addition that will reduce backyard garden space by no more than five percent. Mr. Tomasello provided reasons to explain why this option is not feasible for him.
Chair Howard confirmed with Senior Planner Ishijima that the property located at 877 Shirley Avenue is not being demolished, but rather undergoing renovation to have its roof re-pitched and its siding redone.
Chair Howard offered the option of a tandem garage, if permissible by City guidelines, to meet the applicant’s needs.
Vice Chair Pyne confirmed with Principal Planner Caliva-Lepe that a Variance Permit is required to reduce the front setback of the proposed project.
There were no public speakers for this agenda item.
Mr. Tomasello, appellant and property owner, presented the project including additional images and information.
Commissioner Rheaume confirmed with Principal Planner Caliva-Lepe that staff’s analysis of the neighborhood is restricted to the block face. As such, the two- and three-story townhomes adjacent to the proposed project fall outside of the neighborhood definition.
Commissioner Iglesias commented that, in his opinion, adding to the property to meet the 35% second to first floor ratio maximum does not add value to the neighborhood and may not be in the best interest of the residents in the area.
Senior Planner Ishijima reiterated that staff’s recommendation is to decrease the size of the of the proposed project’s second floor as it is an alternative way to meet the 35% second to first floor ratio maximum. Principal Planner Caliva-Lepe added that the intent of this requirement is to preserve the mass and bulk and character of
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
the neighborhood.
Commissioner Rheaume confirmed with Principal Planner Caliva-Lepe and Senior Planner Ishijima that since the Hawthorn Park subdivision consists primarily of single-story homes, the required 35% second to first floor ratio maximum needs to be upheld.
MOTION: Commissioner Rheaume moved to approve Alternative 2 – Grant the appeal and approve the Design Review with the recommended conditions in Attachment 4.
The motion failed for lack of a second.
MOTION: Vice Chair Pyne moved and Commissioner Rheaume seconded the motion to approve Alternative 1 – Deny the appeal and uphold the decision of the Director of Community Development to deny the Design Review.
Vice Chair Pyne reminded others that the Planning Commission has a duty to uphold guidelines and policies set forth by City Council as well as those established by the Single Family Design Techniques. He noted that the proposed project does not meet the requirements necessary for approval, encouraged the applicant to explore alternative design options, and urged support of the motion.
Commissioner Rheaume stated that he can make the findings to support this motion and reiterated Vice Chair’s Pyne’s comments about the Planning Commission’s responsibility to carry out requirements. He also invited the applicant to explore alternative options that meet those requirements for approval.
Commissioner Weiss voiced her support of the motion and explained her concerns about setting the right precedent and abiding by regulations created by the City Council.
Chair Howard spoke in favor of the motion as he is unable to make the findings to demonstrate that the proposed project meets the 35% second to first floor ratio maximum.
Commissioner Iglesias stated his support of the motion and highlighted the fact that there are viable solutions for the homeowner to receive approval for the proposed
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
project.
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 decision is final.
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 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.
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
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 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.
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
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 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:
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
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.
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.
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES
None.
INFORMATION ONLY REPORTS/ITEMS
Attachment 1
December 13, 2021Planning Commission Meeting Minutes
4. 21-1131 Planning Commission Proposed Study Issues, Calendar Year: 2022 (Information Only)
None.
NON-AGENDA ITEMS AND COMMENTS
-Commissioner Comments
Commissioner Weiss welcomed Commissioner Iglesias to the Planning Commission and stated that his point of view and experience are valuable additions.
Chair Howard requested that Commissioner Iglesias’ contact information be forwarded by staff at Commissioner Iglesias’ discretion.
Commissioner Rheaume welcomed Commissioner Iglesias to the Planning Commission.
Commissioner Iglesias shared his tremendous respect for the members of the Planning Commission and mentioned that his interaction with them inspired him to join the Planning Commission as well. He stated that he feels fortunate to be part of the Planning Commission since he sees an opportunity to contribute to the community.
-Staff Comments
Principal Planner Shaunn Mendrin announced that on November 30, 2021, the City Council approved the First Amendment to the Disposition and Development Agreement between the City and Mid-Peninsula Baker Park, Inc. At the same meeting, the City Council also adopted Ordinance No. 3184-21 amending Sections
19.37.060 and 19.38.030 of Title 19 (Zoning) of the Sunnyvale Municipal Code.
ADJOURNMENT
Chair Howard adjourned the meeting at 9:55 PM.
Attachment 1