Sunnyvale

The Planning Commission met in regular session in the Council Chambers, City of Sunnyvale, 456 W. Olive Avenue, Sunnyvale, CA on November 22, 2004 at 8:00p.m. with Chair Moylan presiding.

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

Staff Present: Trudi Ryan, Planning Officer; Rebecca Moon, Assistant City Attorney; Gerri Caruso, Principal Planner; Ryan Kuchenig, Assistant Planner; Diana O’Dell, Senior Planner and Alice Gamboa-Navas, Administrative Aide-Recording Secretary

Comm. Babcock made a motion to approve the minutes of November 8, 2004. Comm. Fussell seconded. Motion carried 6-0 with Comm. Klein abstaining.

1. 2004-0611 – Nick Goyal [Applicant] Chevron USA, Inc. [Owner]: Application for a Use Permit on a 29,982 square-foot site to allow construction of a car wash facility and a small retail store at an existing gas station. The property is located at 296 North Fair Oaks Avenue in an M-S (Industrial and Service) Zoning District. (APN: 205-31-006) (Mitigated Negative Declaration) RK

ACTION: Comm. Fussell made a motion on Item #2004-0611 to adopt the Mitigated Negative Declaration and approve the Use Permit subject to Conditions of Approval with modifications – 1) that Condition of Approval #19 shall state that the hours of operation for the car wash shall be from 7am to 10pm every day; 2) Condition of Approval #17 shall state one handicap accessible space; 3) Condition of Approval #10 to include that any new signs are subject to review and approval of the Director of Community Development, and 4) that Condition of Approval #14 shall remove “fast growing trees” and replace with “five large specie appropriate for the site,” and 5) add a Condition of Approval that for the life of the equipment 70% of the used water shall be recycled Comm. Simons seconded. Motion carried 7-0.

2. 2004-0813 – Sierra Proto Express [Applicant] Patricia Onorato Trustee [Owner]: Application for related proposals on a 1.2-acre site located at 1108 W. Evelyn Avenue in an M-S (Industrial Service) Zoning District. (APN: 161-31-036) (Negative Declaration) RK (Also to City Council on 12/07/04)

· Variance from Sunnyvale Municipal Code section 19.34.070 to allow a rear yard setback of 31 feet and 6 inches where 100 feet is required for an industrial zoned property adjacent to a residential zoning district, and

· Use Permit to allow a 6,438 square-foot addition to an existing industrial building resulting in 45% Floor Area Ratio where 35% is allowed without City Council review.

ACTION: Vice Chair Hungerford made a motion on Item #2004-0813 to adopt the Negative Declaration and deny the Variance and the Use Permit. Comm. Sulser seconded. Motion carried 5-2 with Comms. Babcock and Klein dissenting.

3. 2004-0209 – Sobrato Interests [Applicant/Owner]: Application for related proposals on a 9.34-acre site located at 1150 Morse Avenue and 1139 Karlstad Drive in an R-4/PD (High Density Residential/Planned Development) Zoning District. (APNs: 110-14-174 and 110-14-197) (Negative Declaration) DO

· Special Development Permit to allow 271 condominium units where apartments were previously approved, and

· Tentative Map to subdivide two lots into 271 condominium lots and associated common lots.

ACTION: Comm. Simons made a motion on Item #2004-0209 to continue the item to 12/13/04. Comm. Klein seconded. Motion carried 7-0.

4. 2002-0070 – City of Sunnyvale Study Issue – In-Lieu Fee For The Undergrounding of Utilities: This study evaluates and asks for direction on a series of alternatives intended to enhance the implementation of the undergrounding of overhead utilities throughout the City. Alternatives will include consideration of an in-lieu fee, deferral agreements, development fees and the creation of assessment districts. (Negative Declaration) FB (Staff requests continuance to December 13, 2004 and also to City Council on 12/21/04)

ACTION: Comm. Fussell made a motion on Item #2002-0070 to continue to 12/13/04. Comm. Simons seconded. Motion carried 7-0.

Trudi Ryan, Planning Officer, reported that on November 9, 2004, the City Council considered an appeal of the Planning Commission decision denying a Special Development Permit for five dwelling units and one office located at 560 Mathilda Avenue. The City Council denied the appeal and upheld the decision of the Planning Commission denying the permit. Ms. Ryan added that the staff will be meeting with the applicant to consider other options.

Further, she reported that the City Council initiated a Study for a General Plan Amendment located at 775 South Wolfe Road.

Furthermore, the City Council changed the start time of the City Council meetings for 2005 from 7:30PM to 7:00PM with the study session also starting at an earlier time. She also reported that other Boards and Commissions were also considering changing their start time. She noted that the Planning Commission could consider an early start time but reminded them that it would be difficult for some other members of the Commission to start the study session at 6PM.

Ms. Ryan reported that on November 16 Councilmember Dean Chu was voted new mayor and Councilmember Ron Swegles as Vice Mayor. The Commission and staff congratulated both Mayor Chu and Vice Mayor Swegles noting that they were former Planning Commissioners.

Ms. Ryan reported that two appeals were received on the Planning Commission’s action on a Use Permit allowing building addition located at 1522 Lewiston Drive and a Use Permit allowing for a telecommunication’s tower located at 1025 The Dalles. These items will be scheduled for a January meeting of the City Council.