Sunnyvale

The Planning Commission met in regular session in the Council Chambers, City of Sunnyvale, 456 W. Olive Avenue, Sunnyvale, CA on August 23, 2004 at 8:00p.m. with Chair Moylan presiding.

Members Present: Chair Chris Moylan, Vice Chair Chuck Hungerford; Commissioner Laura Babcock; Commissioner Larry Klein, Commissioner David Simons and Commissioner Brandon Sulser

Staff Present: Trudi Ryan, Planning Officer; Rebecca Moon, Assistant City Attorney; Steve Lynch, Associate Planner, and Alice Gamboa-Navas, Administrative Aide-Recording Secretary

Vice Chair Hungerford made a motion to approve the minutes of August 9, 2004. Comm. Babcock seconded. Motion carried 5-0-1 with Comm. Klein abstaining and Comm. Fussell absent.

1. 2004-0534 – John Tze [Applicant] Fal Investments Llc [Owner]: Application for related proposals on a 4.9-acre site located at 776 E El Camino Real in a C-2 (Highway Business) Zoning District. (Negative Declaration) (APN: 211-25-001) RK (Continued from 08/09/04 – Applicant requests indefinite continuance, project will be re-noticed)

· Rezone from C-2 (Highway Business) Zoning District to C-2/ECR (Highway Business/El Camino Real Precise Plan) Zoning District;

· Special Development Permit to construct a new 61,000 square-foot shopping center, and

ACTION: Comm. Simons made a motion on Item #2004-0534 to continue the item indefinitely. Vice Chair Hungerford seconded. Motion carried 6-0 with Comm. Fussell absent.

APPEAL OPTIONS: Item not appealable, continued indefinitely.

2. 2004-0531 - Classic Communities [Applicant] Golden Gate Commercial Company [Owner]: Application for related proposals on a 2.6-acre site located at 624 East Evelyn Avenue in a C-1/ITR/R-3/PD (Neighborhood Business/Industrial to Residential/Medium-Density Residential/Planned Development) Zoning District. (APNs: 209-13-059 and 209-13-020) (Negative Declaration) SL

· Special Development Permit to allow the construction of 47 new townhomes, and

ACTION: Comm. Babcock made a motion on Item #2004-0531 to adopt the Negative Declaration and approve the Special Development Permit as recommended by staff with modified conditions that a large tree specie shall be used and a recommendation to the developer to conduct one more meeting with the neighborhood to discuss its desire for either keeping or removing the existing mature trees. Comm. Sulser seconded. Motion carried 4-2 with Chair Moylan and Comm. Simons dissenting and Comm. Fussell absent.

APPEAL OPTIONS: Item is appealable to the City Council no later than Tuesday, August 31, 2004.

3. 2004-0359 – Appeal of a decision by the Director of Community Development approving a Miscellaneous Plan Permit for a condition requiring a side yard setback of 9 feet, a rear yard setback of 10 feet and an accessory structure height of seven feet. The property is located at 1674 Quail Avenue in an R-0 (Low Density Residential) Zoning District. (APN: 313-40-003) SL

ACTION: Comm. Babcock made a motion on Item #2004-0359 to deny the appeal and uphold the decision of the Director of Community Development approving a Miscellaneous Plan Permit to allow an accessory structure of seven feet high with a side yard setback of 9 feet and a rear yard setback of 10 feet. Comm. Klein seconded. Motion carried 6-0 with Comm. Fussell absent.

APPEAL OPTIONS: Item not appealable, Planning Commission action is final.

On behalf of the Planning Commission, Comm. Babcock extended a sincere sympathy to Comm. Klein in the passing of his mother.

Comm. Klein thanked the Commission and members of the public who have extended their sympathy and kind words during this difficult time.

Chair Moylan commented that his contributions during project consideration were surely missed during his absence.

Ms. Ryan reported that on August 10, 2004, the City Council considered several items of interest to the Commission. First, an item located at 127 N. Sunnyvale for a Rezone, Special Development Permit and a Tentative Map. The City Council, with a split vote, upheld the recommendation of the Planning Commission with minor modifications.

Second, the City Council considered a project on 635 E. El Camino Real for a Rezone, Special Development Permit and a Tentative Map. She reported that the Council approved the project as recommended by the Planning Commission with modifications to include a clubhouse and lockable storage for units without attic spaces and return the redesign to the Planning Commission for review.

Third, the City Council also considered the Tasman/Fair Oaks Area Pedestrian Circulation Plan and a rezoning of two parcels from R-4 to C-2 Zoning Districts. She reported that the Council approved with modification the staff recommendation and directed staff to conduct a feasibility study on adding sidewalks along Weddell Drive. She noted that the difference between staff and Planning Commission recommendation is that staff did not recommend adding a bicycle path on Toyama Drive.

Fourth, she reported that staff provided a report to City Council on two pending bills AB 1903 that requires municipalities to use standards that are “no less favorable” for religious uses than for non-religious places of assembly. She noted that the City already reviews these applications and are subject to standard permitting process. AB 2980 that establishes an alternative production-based, self-certification process for the housing elements of cities and counties. Staff recommended no further action at this time.

Further, Ms. Ryan reported that on 8/17, the City Council considered the Town Center Mall Redevelopment with the public hearing ending at 4:25AM. The Council approved the Special Development Permit as recommended by the Planning Commission with modifications. 1) Upgrade the Murphy Avenue streetscape. The City Council concluded that it is difficult to find a nexus to require the developer to upgrade Murphy Avenue and instead required the developer to work with staff on the design addressing this concern. 2) Include a gateway on McKinley and Mathilda Avenue. Staff felt that the building structures along these streets are adequate to identify the downtown and City Council concurred with staff recommendation.

Comm. Babcock asked staff about the parallel parking on McKinley Avenue and the percent of office space. Staff responded that the City Council agreed with the Planning Commission recommendation to have parallel on one side and angled parking on another. She added that the City Council also approved the Planning Commission recommendation to allow up to 30% of medical office space. She added that the City Council added a condition that the final landscaping plan and the art work return to City Council for consideration.

She noted that the Commission received a letter from a member of the public regarding signage on Mathilda Avenue. She reported that the letter has been forwarded to the Transportation and Traffic Division for action.

Ms. Ryan thanked the Commissioners who have completed their survey and encouraged the others who have not completed to turn in their survey. She thanked for the lengthy comments that would help staff to better serve the Commission in the future.

Further, she announced that there would be a Special Planning Commission meeting on September 20, 2004 at 8:00 PM. A special meeting is necessary to facilitate the volume of projects and appeals that have been received.

Chair Moylan reported that he attended the meeting conducted by the Mayor and two Councilmembers with the Chairs and Vice Chairs of the Boards and Commissions. He stated that many of the attendees expressed that their Boards and Commissions do not have enough interaction with the Planning Commission. He stated that during the Study Session, he polled the Commissioners of their choice to be the liaison for each of the Boards and Commissions.

Chair Moylan announced that the play for “Jesus Christ Superstar” opens in September and he invited the public to watch the play.