City of Sunnyvale
Excerpt Meeting Minutes - Draft
Planning Commission
7:00 PM Telepresence Meeting: City Web Stream |
Comcast Channel 15 | AT&T Channel 99
Monday, November 28, 2022
Special Meeting: Study Session - Canceled | Public Hearing - 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 1, 2022.
Chair Pyne called the meeting to order at 7:00 PM.
ROLL CALL
Chair Martin Pyne
Vice Chair Nathan Iglesias
Commissioner John Howe
Commissioner Michael Serrone
Commissioner Neela Shukla
Commissioner Carol Weiss
Present: 6 -
Commissioner Daniel HowardAbsent: 1 -
PUBLIC HEARINGS/GENERAL BUSINESS
2. 22-0994 Forward a Recommendation to the City Council to Adopt an Ordinance to Amend Chapter 19.50 of Title 19 of the Sunnyvale Municipal Code to Allow Modifications of Legal Non-Conforming Single-Family and Two-Family Dwelling Uses in Non-Residential Zoning Districts (Study Issue 21-01) and Find that the Action is Exempt from the California Environmental Quality Act Pursuant to Guidelines Section 15061(b)(3) (Planning File Number 2022-7591)
Associate Planner Drew Taplin presented the staff report with a slide presentation.
Chair Pyne asked why the parcels on 216 East Arbor Avenue and 1388 Bremerton Drive were not considered for potential rezoning since they are both adjacent to residential zoning districts. Associate Planner Taplin shed some light on the process
Attachment 9
November 28, 2022Planning Commission Meeting Minutes - Draft of rezoning parcels. Principal Planner Amber Blizinski added that since both parcels are considered within the context of the Village Center and allow for a higher density than residentially zoned parcels, state law would not allow the City to downzone them to a less dense residential zoning district.
Commissioner Serrone confirmed with Principal Planner Blizinski that properties on commercially zoned parcels that will be rezoned residential will lose the ability to designate their property for commercial use. Principal Planner Blizinski added that requests for commercial use on these parcels are less likely to arise because they are privately owned.
Commissioner Weiss confirmed with Associate Planner Taplin that the amendment to Chapter 19.50 of Title 19 of the Sunnyvale Municipal Code (SMC) will apply to the affected parcels rather than the owners of those parcels. Commissioner Weiss received clarification from Principal Planner Blizinski about how this amendment will not result in rezoning parcels or altering their land use designation. Instead, it will allow for the expansion of legal non-conforming single-family or two-family dwellings.
Commissioner Shukla asked whether the amendment of SMC Chapter 19.50 of Title 19 would restrict property owners from developing according to the zoning they are bound by. Associate Planner Taplin explained that this amendment would allow property owners of legal non-conforming single-family or two-family dwellings to expand as well as operate according to their parcel’s zoning designation. However, he added that if such parcels were rezoned for residential use, they would not be able to operate commercially.
At Commissioner Shukla’s request, Associate Planner Taplin explained how certain parcels were selected for the study issue.
At Chair Pyne’s request, Associate Planner Taplin described that the outreach conducted for this study issue involved notice by mail and legal ad publication.
Chair Pyne opened the Public Hearing.
Wesley Yu, Sunnyvale resident, spoke in overall support of amending SMC Chapter
19.50 of Title 19 since this will allow for the expansion of his own property and support the needs of his growing family. He also added that, in his opinion, adjacent parcels to his own would not be feasible for commercial or industrial use due to their
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November 28, 2022Planning Commission Meeting Minutes - Draft small size.
Chair Pyne closed the Public Hearing.
MOTION: Chair Pyne moved and Commissioner Weiss seconded the motion to approve Alternative 1 – Forward a Recommendation to the City Council to introduce an Ordinance (Attachment 3 to the Report) to amend Chapter 19.50 (Nonconforming Buildings and Uses) of Title 19 (Zoning) of the SMC to allow modifications of legal non-conforming single-family and two-family dwelling uses in non-residential zoning districts and find that the project is exempt from the California Environmental Quality Act pursuant to California Environmental Quality Act Guidelines Section 15061(b) (3).
Chair Pyne stated that amending SMC Chapter 19.50 of Title 19 will prove beneficial for affected property owners and improve the ordinance itself.
Commissioner Weiss spoke in favor of the motion and expressed her hope that it will be ranked highly as a study issue so that it may be explored further.
The motion carried by the following vote:
Yes: Chair Pyne
Vice Chair Iglesias
Commissioner Howe
Commissioner Serrone
Commissioner Shukla
Commissioner Weiss
6 -
No: 0
Absent: Commissioner Howard1 -
This recommendation will be forwarded to the City Council for consideration at the December 13, 2022 meeting.
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