City of Sunnyvale
Excerpt Meeting Minutes - Final
Planning Commission
7:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Monday, June 27, 2022
Special Meeting: Study Session - Canceled | Public Hearing - 7:00 PM
STUDY SESSION CANCELED
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 June 21, 2022.
Chair Howard called the meeting to order at 7:00 PM.
ROLL CALL
Chair Daniel Howard
Vice Chair Martin Pyne
Commissioner Sue Harrison
Commissioner John Howe
Commissioner Nathan Iglesias
Commissioner Ken Rheaume
Commissioner Carol Weiss
Present: 7 -
ORAL COMMUNICATIONS
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:
Attachment 14
June 27, 2022Planning Commission Meeting Minutes - Final Yes: Chair Howard
Vice Chair Pyne
Commissioner Harrison
Commissioner Rheaume
Commissioner Weiss
5 -
No: 0
Abstained: Commissioner Howe
Commissioner Iglesias
2 -
2. 22-0687
Approve Planning Commission Meeting Minutes of June 20, 2022
PUBLIC HEARINGS/GENERAL BUSINESS
5. 22-0462 Proposed Project: Related applications on a 1.81-acre site:
Special Development Permit to redevelop a portion (westerly portion) of an existing shopping center (Fremont Corners) into a mixed-use Village Center with 3,384 square feet of commercial space and 35, four-story townhome-style condominiums with associated parking and site improvements including common public open space.
TENTATIVE MAP to subdivide the lot into five lots and 35 condominiums.
Location: 102 E. Fremont Ave. and 1310 S. Sunnyvale-Saratoga Rd. (APN: 309-01-002)
File #: 2021-7161
Zoning: C-1/PD (Neighborhood Business / Planned Development) Applicant / Owner: TTLC Sunnyvale FC, LLC / Fremont Corners, Inc Et Al
Environmental Review: Consistent with CEQA Section 15183 and 15183.3 (Projects Consistent with a Community Plan, General Plan, or Zoning and Streamlining for In-fill Projects).
Project Planner: Shétal Divatia, (408) 730-7637,
[email protected]
Commissioner Howe announced his recusal from Agenda Item 5 due to the proximity of his home to the proposed project.
Senior Planner Shétal Divatia presented the staff report with a slide presentation.
Commissioner Weiss asked where the fifth Americans with Disabilities Act (ADA) unit is located on the proposed project’s architectural site plan. Senior Planner Divatia stated that the applicant will address her inquiry.
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June 27, 2022Planning Commission Meeting Minutes - Final Chair Howard opened the Public Hearing.
Leah Beniston, Senior Vice President of The True Life Companies, presented the project including additional images and information.
Vice Chair Pyne confirmed with Ms. Beniston that she would like the Planning Commissioners to approve the Conditions of Approval outlined in Attachment 5 of the staff report.
Commissioner Weiss shared objective data provided by the City’s Department of Public Safety regarding collisions and injuries due to the existing redundant driveways at the proposed project site. She urged for the elimination of one of the proposed project’s driveways to minimize the number of incidents at those intersections and protect students going to and from Fremont High School.
Commissioner Iglesias requested clarification from the applicant regarding the impacts of the proposed project on the existing retail tenants if the proposed project were to be built around them, thus shielding them from view.
Commissioner Iglesias asked staff to provide data, if available, regarding the turnover rate of commercial businesses that are not easily visible if situated behind surrounding larger residential properties. Commissioner Iglesias also shared his concern about the decreased survivability of such businesses and the impact that vacant commercial units could have upon crime rate.
Commissioner Harrison confirmed with staff and the applicant which northerly driveway along Sunnyvale-Saratoga Road is proposed to be removed according to Attachment 5.
Commissioner Rheaume confirmed with the applicant that the tenants with long-term leases on the proposed project site were not currently present to speak during the Planning Commission meeting.
Chair Howard confirmed with Principal Transportation Engineer Lillian Tsang that closing the driveway on Sunnyvale-Saratoga Road versus the driveway on Fremont Avenue would yield similar results since keeping only two driveways would provide appropriate access to the site.
Attachment 14
June 27, 2022Planning Commission Meeting Minutes - Final Ms. Beniston provided responses to the questions and comments previously made by Planning Commissioners.
Vice Chair Pyne recalled that one of the remaining businesses on the proposed project site is a laundromat. He questioned this business’ ability to thrive when each of the residential units of the proposed project will include a washer and dryer. Ms.
Beniston responded that she does not anticipate that tenant leaving since she does not expect this to hinder the tenant’s business.
Vice Chair Pyne inquired about the tree species that would be included for the proposed project. Ms. Beniston responded that she will work with staff to select these tree species.
Commissioner Weiss confirmed with Ms. Beniston the location of the fifth ADA unit on the proposed project’s architectural site plan. Ms. Beniston also stated that they will comply with ADA requirements of the Building Code.
Chair Howard echoed Vice Chair Pyne’s concerns regarding the existing laundromat’s ability to prosper when the proposed project will consist of units that already include a washer and dryer.
Barry, Sunnyvale resident, spoke in opposition to the proposed project in particular because of the added traffic it will yield along Sunnyvale-Saratoga Road.
Neela Shukla, Sunnyvale resident, spoke in overall support of the proposed project and the reduction of one driveway on the proposed project site to reduce traffic on Sunnyvale-Saratoga Road.
Bryan Wenter, Attorney at Law at Miller Starr Regalia, highlighted the definition of objective considering the Housing Accountability Act and considering the action that the Planning Commissioners would take on the proposed project.
Commissioner Harrison deliberated upon the established policy of the Village Centers with Ms. Beniston and Ms. Beniston provided an explanation of how, in her opinion, the proposed project meets the criteria of this policy.
Vice Chair Pyne discussed with Ms. Beniston why the number of residential units to be included in the proposed project was chosen in light of the Density Bonus Law.
Attachment 14
June 27, 2022Planning Commission Meeting Minutes - Final Chair Howard closed the Public Hearing.
At Commissioner Harrison’s request, Senior Planner Divatia explained how like-numbered Conditions of Approval in Attachments 4 and 5 correspond to one another. For instance, Recommended Condition of Approval GC-9 in Attachment 4 intends to replace Recommended Condition of Approval GC-9 in Attachment 5, and vice versa. Together, Senior Planner Divatia and Principal Planner Caliva-Lepe clarified the staff-recommended modifications to Attachments 4 and 10 that were also presented during the staff presentation. Ms. Beniston and Mr. Wenter provided a response to these recommended modifications.
Vice Chair Pyne engaged in a brief discussion with Pat Angell, Principal at Ascent Environmental, about the California Environmental Quality Act (CEQA) Checklist that he prepared. Principal Planner Caliva-Lepe added that the City’s development standards dictate the percentage of shading for a parking lot to reduce the heat island effect.
MOTION: Commissioner Harrison moved and Vice Chair Pyne seconded the motion to approve Alternative 2 - Make the required Findings to approve the California Environmental Quality Act (CEQA) determination that the project is consistent with CEQA Guidelines Section 15183 and 15183.3 (Projects Consistent with a Community Plan, General Plan, or Zoning and Streamlining for Infill Projects) as noted in checklist (Attachment 6), approve the Special Development Permit and the Tentative Map subject to the Recommended Findings in Attachment 3 and subject to the Recommended Conditions of Approval in Attachment 5.
1.) Note that Recommended Condition of Approval PS-1 in Attachment 4 must replace Recommended Condition of Approval PS-1 in Attachment 5 so that this condition in Attachment 5 reads as follows:
“PS-1. REQUIRED REVISIONS/ADDITIONS TO PROJECT PLANS: The project plans (architectural, civil, landscaping, tentative map, etc.) must be revised to reflect staff’s recommended site plan in Attachment 9 of the staff report, subject to review and approval by the Director of Community Development through a Miscellaneous Plan Permit:
a) Modify site layout to eliminate the driveway facing Fremont Avenue and locate and commercial building closer to Fremont Avenue
b) Modify parking layout to convert two compact parking spaces to four motorcycle parking spaces (dimension 4 feet by 8 feet).
Attachment 14
June 27, 2022Planning Commission Meeting Minutes - Final c) Submit a detailed landscaping plan with fast-growing, evergreen screening trees along the south property lines. Tree spacing must be at least every 20 feet and must consider the location of existing overhead lines along a portion of the south property to maximize privacy screening to adjacent neighbors. d) Provide a Transportation Demand Management Plan (TDM) for the residential project to meet City requirements.
e) The applicant shall work with staff to select a cool roof design for all buildings with SRI (Solar Reflective Index) of 20 or greater.
f) The applicant shall work with staff to include pre-wiring residential garages to allow at least 220-volt capability. [COA] [PLANNING]”
2.) Note that Recommended Condition of Approval BP-9 in Attachment 4, revised to reflect a correction noted in the staff report, must be included in Attachment 5 and should read as follows:
“FEES AND BONDS: The following fees and bonds shall be paid in full prior to issuance of building permit at the fee rate in effect on March 5, 2021. a) PARK IN-LIEU - Pay Park In-lieu fees estimated at $1, 838, 667. 60, prior to approval of the Final Map or Parcel Map. (SMC 18.10). [SDR][PLANNING]” Commissioner Harrison acknowledged that the proposed project will provide needed housing and that the closure of one driveway will limit access to an intersection that has statistically high levels of collisions.
Vice Chair Pyne commented that, in his opinion, State Law is in opposition to the alternative site plan prepared by staff, although that is the site plan that he prefers.
He also expressed gratitude to the applicant for the approval of closing one of the approved project’s driveways.
Chair Howard spoke against the motion and stated that he is in support of staff’s alternative proposal for the proposed project. He also highlighted his concerns with the proposed project, which includes the negative impact it will have on existing retail tenants.
Commissioner Rheaume expressed that he will not be supporting the motion and advised his preference for staff’s alternative proposal for the proposed project. He also echoed concerns made by Chair Howard.
Commissioner Weiss shared that she is not in support of the motion and provided
Attachment 14
June 27, 2022Planning Commission Meeting Minutes - Final her reasons why. She also stated her support of staff’s recommendations.
Commissioner Iglesias voiced that he is not in favor of the motion and explained why not.
The motion failed by the following vote:
Yes: Vice Chair Pyne
Commissioner Harrison
2 -
No: Chair Howard
Commissioner Iglesias
Commissioner Rheaume
Commissioner Weiss
4 -
Recused: Commissioner Howe1 -
MOTION: Commissioner Rheaume moved and Chair Howard seconded the motion to approve Alternative 1 - Make the required Findings to approve the California Environmental Quality Act (CEQA) determination that the project is consistent with CEQA Guidelines Section 15183 and 15183.3 (Projects Consistent with a Community Plan, General Plan, or Zoning and Streamlining for Infill Projects) as noted in checklist (Attachment 6), approve the Special Development Permit and the Tentative Map subject to the Recommended Findings in Attachment 3 and subject to the Recommended Conditions of Approval in Attachment 4.
1.) Note that Recommended Condition of Approval BP-9 must be revised and should read as follows:
"FEES AND BONDS: The following fees and bonds shall be paid in full prior to issuance of building permit at the fee rate in effect on March 5, 2021. a) PARK IN-LIEU - Pay Park In-lieu fees estimated at $1, 838, 667. 60, prior to approval of the Final Map or Parcel Map. (SMC 18.10). [SDR][PLANNING]" Vice Chair Pyne noted that he is in support of the motion since staff’s recommendation renders a significantly better proposed project, in his opinion.
However, he also revealed his concern that this motion may not follow state housing laws.
The motion carried by the following vote:
Attachment 14
June 27, 2022Planning Commission Meeting Minutes - Final Yes: Chair Howard
Vice Chair Pyne
Commissioner Iglesias
Commissioner Rheaume
Commissioner Weiss
5 -
No: Commissioner Harrison1 -
Recused: Commissioner Howe1 -
This decision is final unless appealed or called up for review by the City Council by Tuesday, July 12, 2022.
Attachment 14