City of Sunnyvale
Excerpt Meeting Minutes - Draft
Planning Commission
7:00 PM Online and Bay Conference Room
(Room 145), City Hall,
456 W. Olive Ave.,
Sunnyvale, CA 94086
Monday, January 22, 2024
No Study Session | Public Hearing - 7:00 PM
7 P.M. PLANNING COMMISSION MEETING
CALL TO ORDER
Chair Pyne called the meeting to order at 7:00 PM.
ROLL CALL
Chair Martin Pyne
Vice Chair Nathan Iglesias
Commissioner Galen Kim Davis
Commissioner Daniel Howard
Commissioner John Howe
Commissioner Michael Serrone
Commissioner Neela Shukla
Present: 7 -
PUBLIC HEARINGS/GENERAL BUSINESS
2. 24-0208 Proposed Project: Consider actions related to implementation of the 2023-2031 Housing Element to create a By-Right Approval process for certain parcels within the City:
A.
Adopt Urgency Ordinance to:
a. Add By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), Miscellaneous Plan Permit (19.82); and
a. Add By-Right Approvals (Chapter 19.73) to the Sunnyvale
Attachment 8
January 22, 2024Planning Commission Meeting Minutes - Draft Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), and Miscellaneous Plan Permit (19.82) File #: PLNG-2023-0881
Location: Citywide
Applicant: City of Sunnyvale
Environmental Review: Non-discretionary project (Public Resources Code Section 21080(b)(1), CEQA Guidelines Sections 15268, 15357) Project Planner: Julia Klein, (408) 730-7463, [email protected] Principal Planner George Schroeder presented the staff report with a slide presentation.
Upon Commissioner Serrone’s request, Principal Planner Schroeder explained that the Planning Commission has the discretion to approve modifications to the ordinance only as it applies to sites in the Moffett Park area. He added that the City must rezone sites that are included in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development by January 31, 2024.
Commissioner Serrone confirmed with Principal Planner Schroeder that the Planning Commission will need a simple majority to approve this item.
Commissioner Serrone questioned whether sites designated in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development may be substituted for other sites within the City. Planning Officer Shaunn Mendrin responded that this may be possible with an update to the ordinance and as long as the unit count in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development remains unchanged. He added that this may involve coordination with the Department of Housing and Community Development (HCD).
Commissioner Serrone received clarification from Principal Planner Schroeder regarding noticing requirements for property owners and adjacent property owners and tenants within 300 feet of the of sites within the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development.
B.
Introduce an Ordinance to:
Attachment 8
January 22, 2024Planning Commission Meeting Minutes - Draft surplus of 168 units over the City’s January 2023 Regional Housing Needs Allocation (RHNA) shortfall of 1,535 units.
When Commissioner Davis asked what by-right zoning would entail, Principal Planner Schroeder answered that proposed projects in this zoning designation are not subject to public hearings, outreach meetings, study sessions, or the California Environmental Quality Act (CEQA) if these projects provide at least 20% low-income housing, do not involve subdivision, or request any variance from existing codes or fees. This would allow the approval process for such projects to be quicker and more streamlined.
Commissioner Shukla and Principal Planner Schroeder discussed the process by which members of the public may provide feedback regarding proposed projects within by-right zoning.
Vice Chair Iglesias questioned whether the Planning Division has sufficient resources and staff to review proposed projects within by-right zoning designations.
Principal Planner Schroeder explained that the Permit Streamlining Act dictates the length of review time for these projects. Planning Officer Mendrin added that the implementation of a new fee for by-right approvals will help off-set staffing needs and that the 20% affordability requirement of these projects may limit how many of these projects are submitted, making review of these projects more manageable.
Chair Pyne and Principal Planner Schroeder reiterated that the zoning designation for sites listed in the 6th Cycle (2023-2031) Housing Element Sites Inventory for By-Right residential development are not being altered. Instead, a streamlining process will be made available for proposed projects on these sites.
Chair Pyne confirmed with Principal Planner Schroeder that the existing objective design standards still apply to the Moffett Park diagonal.
Commissioner Howard confirmed with Principal Planner Schroeder that requests that deviate from the required number of affordable units or involve a subdivision would be subject to Planning Commission review.
Commissioner Serrone discussed the fee for by-right approvals with Planning Officer Mendrin.
Commissioner Davis confirmed with Principal Planner Schroeder that there is a Attachment 8
January 22, 2024Planning Commission Meeting Minutes - Draft park in-lieu fee and other standard impact fees will still apply to by-right approvals.
Vice Chair Iglesias received clarification from Planning Officer Mendrin regarding the Moffett Park area’s disadvantaged classification.
Chair Pyne opened the Public Hearing.
There were no public speakers for this agenda item.
Chair Pyne closed the Public Hearing.
MOTION: Commissioner Howe moved and Commissioner Davis seconded the motion to recommend Alternative 1 to the City Council:
1)
Take the following actions:
a. Find that the Action is Exempt from the California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080(b)(1) and CEQA Guidelines Section 15268 and 15357; and
b. Adopt an Urgency Ordinance to add By-Right Approvals (Chapter 19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), and Miscellaneous Plan Permit (19.82).
c. Introduce an Ordinance in Attachment 3 to add By-Right Approvals (Chapter
19.73) to the Sunnyvale Municipal Code, Designate Parcels Subject to By-Right Approval, and Make Related Amendments to Chapters 19.12 (Definitions), Zoning Districts and Specific Plan Districts - Areas, Residential (19.18), Commercial (19.20), Office and Public Facilities (19.24), Downtown Specific Plan (19.28), Moffett Park Specific Plan (19.29), Lawrence Station Area Plan (19.35), El Camino Real Specific Plan (19.36), Inclusionary Below Market Rate Ownership Housing Program (19.67), and Miscellaneous Plan Permit (19.82).
Commissioner Shukla confirmed with Principal Planner Schroeder that fees like the Attachment 8
January 22, 2024Planning Commission Meeting Minutes - Draft Commissioner Davis spoke in agreement with Commissioner Howe. He also stressed that the approval of this ordinance does not alter any of the existing rules or fees that will apply.
Commissioner Serrone spoke in support of the motion.
Chair Pyne voiced his support of the motion.
Commissioner Shukla shared her support of the motion.
The motion carried by the following vote:
Yes: Chair Pyne
Vice Chair Iglesias
Commissioner Davis
Commissioner Howard
Commissioner Howe
Commissioner Serrone
Commissioner Shukla
7 -
No: 0
This recommendation will be forwarded to the City Council for consideration at the January 30, 2024 meeting.
Commissioner Howe stated that there is no choice but to approve this motion.
Attachment 8