City of Sunnyvale
Excerpt Meeting Minutes - Draft
City Council
7:00 PM Online and Bay Conference Room (Room
145), City Hall, 456 W. Olive Ave.,
Sunnyvale, CA 94086
Tuesday, July 11, 2023
Regular Meeting - 7 PM
7 P.M. COUNCIL MEETING
CALL TO ORDER
Mayor Klein called the meeting to order at 7:00 p.m.
SALUTE TO THE FLAG
Mayor Klein led the salute to the United States flag.
ROLL CALL
Mayor Larry Klein
Vice Mayor Omar Din
Councilmember Russ Melton
Councilmember Alysa Cisneros
Councilmember Richard Mehlinger
Councilmember Murali Srinivasan
Councilmember Linda Sell
Present: 7 -
Vice Mayor Din participated via teleconference from 1700 Harvard Street, Apt. 702, NW Washington, DC 20009.
PUBLIC HEARINGS/GENERAL BUSINESS
2 23-0676 CONTINUED FROM MAY 16, 2023
Proposed Project:
Actions for consideration related to the Moffett Park Specific Plan (MPSP) to:
A. Adopt a Resolution (Attachments 5 and 7) to
1. Certify the Environmental Impact Report (EIR);
2. Make the findings required by California Environmental Quality Act (CEQA);
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July 11, 2023City Council Excerpt Meeting Minutes - Draft
3. Adopt the Statement of Overriding Considerations and Mitigation Monitoring and Reporting Program;
4. Adopt the Water Supply Assessment;
5. Adopt the Amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in Attachment 9);
6. Amend the General Plan text and update the General Plan Map; and
7. Update the Green Building Program Table.
B. Adopt a Resolution (Attachment 6) to:
1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP
Infrastructure Fee and the MPSP Transportation Impact Fee (TIF).
C. Introduce a Draft Ordinance (Attachment 8) to:
1. Repeal and Re-Adopt Sunnyvale Municipal Code (SMC)
Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) to implement the MPSP;
2. Add SMC Chapter: 3.56 (MPSP Transportation Impact
Fee) to Title 3 (Revenue and Finance); and
3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district.
Location: Existing Plan: Moffett Park Specific Plan
File number: 2018-7715 (Moffett Park Specific Plan)
General Plan Designation:
Existing: Moffett Park Specific Plan
Proposed: Moffett Park Specific Plan
Zoning:
Existing Zoning:
MP-I: Industrial
MP- TOD: Transit Oriented Development
MP-C: Commercial
Proposed MPSP Zoning Districts:
MP-AC: Activity Center
MP-R: Residential
MP-MU: Mixed Use
MP-O1: Office 1
MP-O2: Office 2
MP-E1: Mixed Employment 1
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MP-E2: Mixed Employment 2
MP-E3: Mixed Employment 3
MP-H: Hospitality
MP-PF: Public Facilities
Proposed Combining District
ECD: Ecological Combining District
Applicant: City of Sunnyvale
Environmental Review: Environmental Impact Report (SCH # 20210880338)
Project Planner: Michelle King, 408-730-7463,
[email protected]
Community Development Director Trudi Ryan provided the staff report and presentation.
City Council took a recess at 9:42 p.m. and returned at 9:51 p.m. with Mayor Klein, Councilmembers Melton, Cisneros, Mehlinger, Srinivasan present in the Bay Conference Room and Vice Mayor Din participated via teleconference from 1700 Harvard Street, Apt. 702, NW Washington, DC 20009.
Public Hearing opened at 9:51 p.m.
Martin Pyne, Chair, Planning Commission, provided remarks in support of the Moffett Park Specific Plan (MPSP) and shared the Planning Commission's recommendations.
Perry Hariri, Miramar Capital, shared their plans to develop their property in the MPSP area and Sunnyvale’s acknowledgement of their concerns regarding the diagonal crossing through their property.
Jeff Holzman, Director, Real Estate District Development, Google, communicated their support for the MPSP and shared some challenges that may arise moving forward.
Eric Poicon spoke in support of the MPSP and offered thoughts to improve the architectural guidelines.
Rani Fischer, Santa Clara Valley Audubon Society, voiced further considerations to be added to the MPSP.
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Kristen Brown, Vice President of Government Relations, Silicon Valley Leadership Group, communicated their support for approving the MPSP and proposed creating additional housing options.
Kerry Haywood, Executive Director, Moffett Park Business Group, spoke in support of the MPSP and offered additional amendments that would address the Group's concerns.
Jennifer Chang Hetterly, Sierra Club Loma Prieta, provided amendments for Council to consider adding to the MPSP.
Agnes Veith spoke in support for adopting the MPSP.
Ali Sapirman, Housing Action Coalition, communicated support for the additional housing included in the MPSP and recommended a feasibility study to best optimize housing development.
Leia Mehlman, Bicycle Pedestrian Advisory Commission (BPAC) Chair, shared BPAC’s recommendations regarding the MPSP and provided further supportive comments of the MPSP in their personal capacity.
Tom Green, Director of Real Estate, Lockheed Martin, spoke in support of the MPSP and proposed modifications to address their concerns.
Kenneth Javier Rosales, Silicon Valley @ Home, voiced their support for adopting the MPSP and shared modifications to further increase affordable housing.
Eileen McLaughlin, Citizens Committee to Complete the Refuge, provided remarks on the well-executed public comment process on the MPSP and offered modifications to be considered.
Angela Rausch spoke in support of approving the MPSP.
Public Hearing closed at 10:26 p.m.
MOTION: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 2: Alternative 1, with modifications:
Alternative 1:
1. Approve related actions associated with adoption of the Moffett Park Specific Plan (MPSP): Adopt two Resolutions and introduce an Ordinance (Attachments 6,
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July 11, 2023City Council
7 and 8 to the report):
A. Adopt a Resolution (Attachment 7) to:
1. Certify the Environmental Impact Report (EIR);
2. Make the findings required by the California Environmental Quality Act (CEQA);
3. Adopt the Statement of Overriding Considerations;
4. Adopt the Mitigation Monitoring and Reporting Program (in Attachment 5);
5. Adopt the Water Supply Assessment;
6. Adopt the amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in the updated Attachment 9);
7. Amend the General Plan text and update the General Plan Map;
8. Update the Green Building Program Table;
B. Adopt a Resolution (Attachment 6) to:
1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF); C. Introduce an Ordinance (Attachment 8) to:
1. Repeal and re-adopt Chapter 19.29 (Moffett Park Specific Plan) and make other amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code (SMC) to implement the MPSP;
2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance);
3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district;
Modifications to Alternative 1:
1. Require fritted glass all the way up façades facing the San Francisco Bay:
a. If and only if fritted glass is no more than 20% more expensive than non-fritted glass; or
b. $7 per square foot or less more expensive than non-fritted glass;
2. Require dual water piping for all development;
3. In-lieu of the recessing requirements, the treatments called out in Updated Attachment 9, Response 158, Section 4.c on façade modulation shall be acceptable, with the removal of the 18-inch depth change requirement from this Section;
4. Substitute average step back/floorplates for minimum step backs/floorplates, per staff response to Council Question 2-10;
5. Modify change Updated Attachment 9, Response 148, Section iii. High-rise buildings in MP-R and MP-MU districts, 0.3 (Reduction in mass) to:
a. Building floor plates greater than 100 feet in height shall not exceed 25,000 square feet;
b. Building floor plates greater than 140 feet in height shall not exceed 20,000
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square feet;
c. Building floor plates greater than 180 feet in height shall not exceed 15,000 square feet;
6. MPSP Section 10.4 (Implementation Actions), Table 29 move Groundwater Data Collection from Medium-Term Actions to Immediate Actions;
7. Economic feasibility to examine architectural, sustainability, and community benefits requirements, studying targeting the possible following topologies:
a. Infill office building added to tech campus;
b. 5-over-1 apartments;
c. Add high-rise residential building; and
8. Incorporate suggested language to MPSP Section 10.5 (Funding and Financing Strategy) from response to Council Question 2-50 regarding Council approval for formation of enhanced infrastructure financing districts to add “and Sunnyvale City Council” after "...these tools require approval by affected stakeholders." FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to add the definition of Artist Studio, "Workspace for one or more artists or artisans, including the accessory sale of art produced on the premises and which does not include any dwelling space" to SMC Chapter 19.12 (Definitions). Vice Mayor Din accepted the friendly amendment.
FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to rename several neighborhoods as follows:
a. Discovery Neighborhood to Onizuka Neighborhood;
b. West Mathilda Neighborhood to Posolmi Neighborhood;
c. Chesapeake Neighborhood to Sunrise Neighborhood;
d. North Java Neighborhood to NoJa Neighborhood; and
e. South Java Neighborhood to SoJa Neighborhood.
Vice Mayor Din accepted the friendly amendment.
FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to limit the dual water piping requirement to commercial development and not residential. Vice Mayor Din accepted the friendly amendment.
FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to remove the cost exemption from the fritted glass requirement. Vice Mayor Din accepted the friendly amendment.
Community Development Director Trudi Ryan proposed replacing “fritted glass” with “bird-safe glass.” Vice Mayor Din and Councilmember Mehlinger amended the motion to incorporate this proposal.
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City Manager Kent Steffens proposed replacing “Require dual water piping for commercial development” with “Require dual water piping where allowed by regulations.” Vice Mayor Din and Councilmember Mehlinger amended the motion to incorporate this proposal.
FRIENDLY AMENDMENT: Councilmember Cisneros offered a friendly amendment to develop a fee for alternative compliance with the innovation/creation space requirement if a development is not able to meet the requirement on-site or work with a different development in the MPSP area to meet the requirement.
Following discussion, Councilmember Cisneros withdrew the Friendly Amendment.
FRIENDLY AMENDMENT: Councilmember Cisneros offered a friendly amendment to direct staff to engage with MP Development Community in 2023 to discuss how to work together towards achieving the goals in the MPSP.
Following discussion, Councilmember Cisneros withdrew the Friendly Amendment.
FRIENDLY AMENDMENT: Councilmember Cisneros proposed a friendly amendment for the economic feasibility study to replace “5 over 1 apartments” with "all residential." Councilmember Mehlinger declined to accept the friendly amendment.
FRIENDLY AMENDMENT: Councilmember Sell offered a friendly amendment for national security contractors to be except from the Innovation and Creation Space requirements. Vice Mayor Din declined the friendly amendment.
FORMAL AMENDMENT: Councilmember Sell moved and Councilmember Melton seconded the motion to exempt Lockheed Martin from the Innovation and Creation Space requirements.
The formal amendment carried with the following vote:
Yes: Councilmember Melton
Councilmember Cisneros
Councilmember Mehlinger
Councilmember Sell
4 -
No: Mayor Klein
Vice Mayor Din
Councilmember Srinivasan
3 -
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July 11, 2023City Council
FORMAL AMENDMENT: Councilmember Melton proposed a formal motion to remove the economic feasibility study section from the amended motion. The motion failed due to lack of a second.
FRIENDLY AMENDMENT: Councilmember Mehlinger offered a friendly amendment to set minimum density for any residential development in Mixed-Use (MP-MU) districts to 36 units/acre. Vice Mayor Din accepted the friendly amendment.
Councilmember Melton clarified that "Economic feasibility to examine..." was intended to read as “Perform an Economic feasibility study to examine...” in the economic feasibility section of the amended motion. The motion as amended was updated to reflect this clarification.
MOTION AS AMENDED RESTATED: Vice Mayor Din moved and Councilmember Mehlinger seconded the motion to approve Alternative 2: Alternative 1, with modifications:
Alternative 1:
1. Approve related actions associated with adoption of the Moffett Park Specific Plan (MPSP): Adopt two Resolutions and introduce an Ordinance (Attachments 6, 7 and 8 to the report):
A. Adopt a Resolution (Attachment 7) to:
1. Certify the Environmental Impact Report (EIR);
2. Make the findings required by the California Environmental Quality Act (CEQA);
3. Adopt the Statement of Overriding Considerations;
4. Adopt the Mitigation Monitoring and Reporting Program (in Attachment 5);
5. Adopt the Water Supply Assessment;
6. Adopt the amended Moffett Park Specific Plan (with Staff recommended modifications to the draft MPSP detailed in the updated Attachment 9);
7. Amend the General Plan text and update the General Plan Map;
8. Update the Green Building Program Table;
B. Adopt a Resolution (Attachment 6) to:
1. Amend the Fiscal Year 2022/23 Master Fee Schedule to adjust the MPSP Planning Application Fees, including the addition of the MPSP Maintenance Fee, the MPSP Infrastructure Fee and the MPSP Transportation Impact Fee (TIF); C. Introduce an Ordinance (Attachment 8) to:
1. Repeal and re-adopt Chapter 19.29 (Moffett Park Specific Plan) and make
Excerpt Meeting Minutes - Draft
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July 11, 2023City Council
other amendments to Title 19 (Zoning) of the Sunnyvale Municipal Code (SMC) to implement the MPSP;
2. Add SMC Chapter: 3.56 (MPSP Transportation Impact Fee) to Title 3 (Revenue and Finance);
3. Amend the Zoning Plan District Map and re-zone parcels currently within the new MPSP district;
Modifications to Alternative 1:
1. Require bird safe glass all the way up façades facing the San Francisco Bay:
2. Require dual water piping where allowed by regulations;
3. In-lieu of the recessing requirements, the treatments called out in Updated Attachment 9, Response 158, Section 4.c on façade modulation shall be acceptable, with the removal of the 18-inch depth change requirement from this Section;
4. Substitute average step back/floorplates for minimum step backs/floorplates, per staff response to Council Question 2-10;
5. Modify change Updated Attachment 9, Response 148, Section iii. High-rise buildings in MP-R and MP-MU districts, 0.3 (Reduction in mass) to:
a. Building floor plates greater than 100 feet in height shall not exceed 25,000 square feet;
b. Building floor plates greater than 140 feet in height shall not exceed 20,000 square feet;
c. Building floor plates greater than 180 feet in height shall not exceed 15,000 square feet;
6. MPSP Section 10.4 (Implementation Actions), Table 29 move Groundwater Data Collection from Medium-Term Actions to Immediate Actions;
7. Perform an Economic feasibility study to examine architectural, sustainability, and community benefits requirements, studying targeting the possible following topologies:
a. Infill office building added to tech campus;
b. 5-over-1 apartments;
c. Add high-rise residential building; and
8. Incorporate suggested language to MPSP Section 10.5 (Funding and Financing Strategy) from response to Council Question 2-50 regarding Council approval for formation of enhanced infrastructure financing districts to add “and Sunnyvale City Council” after "...these tools require approval by affected stakeholders;"
9. Add the definition of Artist Studio, "Workspace for one or more artists or artisans, including the accessory sale of art produced on the premises and which does not include any dwelling space" to SMC Chapter 19.12 (Definitions);
10. Rename several neighborhoods as follows:
a. Discovery Neighborhood to Onizuka Neighborhood;
b. West Mathilda Neighborhood to Posolmi Neighborhood;
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c. Chesapeake Neighborhood to Sunrise Neighborhood;
d. North Java Neighborhood to NoJa Neighborhood;
e. South Java Neighborhood to SoJa Neighborhood;
11. Exempt Lockheed Martin from the Innovation and Creation Space requirements; and
12. Set minimum density for any residential development in Mixed-Use (MP-MU) districts to 36 units/acre.
The motion as amended carried with the following vote:
Yes: Mayor Klein
Vice Mayor Din
Councilmember Melton
Councilmember Cisneros
Councilmember Mehlinger
Councilmember Srinivasan
Councilmember Sell
7 -
No: 0
ADJOURNMENT
Mayor Klein adjourned the meeting at 12:19 a.m.
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