Sunnyvale

The Planning Commission met in regular session in the Council Chambers, City of Sunnyvale, 456 W. Olive Avenue, Sunnyvale, CA on September 27, 2004 at 8:00p.m. with Chair Moylan presiding.

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

Staff Present: Trudi Ryan, Planning Officer; Joan Borger, Senior Assistant City Attorney; Steve Lynch, Associate Planner; Ryan Kuchenig, Assistant Planner; Kelly Diekmann, Associate Planner, and Alice Gamboa-Navas, Administrative Aide-Recording Secretary

Vice Chair Hungerford made a motion to approve the minutes of September 13, 2004 with minor modifications. Comm. Klein seconded. Motion carried 5-0 with Comms. Babcock and Fussell absent.

Vice Chair Hungerford made a motion to approve the minutes of September 20, 2004 with minor modifications. Comm. Sulser seconded. Motion carried 4-0-1 with Comm. Simons abstaining and Comms. Babcock and Fussell absent.

1. 2004-0139 – Miro Design Group [Applicant] Masood Syed [Owner]: Application for related proposals on a 9,562 square-foot site located at 560 South Mathilda Avenue in a DSP-20 (Downtown Specific Plan/Block 20) Zoning District. (Mitigated Negative Declaration) (APN: 209-29-058) SL

· Special Development Permit to allow demolition of an existing single-family home and to construct an 8,200 square-foot three story mixed-use office and residential building, and

· Tentative Map to subdivide one lot into six condominium spaces and one common lot.

ACTION: Comm. Simons made a motion on Item #2004-0139 to adopt the Mitigated Negative Declaration and deny the Special Development Permit and Tentative Map. Comm. Klein seconded. Motion carried 3-2 with Chair Moylan and Comm. Sulser dissenting and Comms. Babcock and Fussell absent.

APPEAL OPTIONS: Item is appealable to the City Council no later than Tuesday, 10/12/04.

2. 2004-0534 – John Tze [Applicant] Fal Investments Llc [Owner]: Application for related proposals on a 4.9-acre site located at 776 East El Camino Real and 750 East El Camino Real in a C-2 (Highway Business) Zoning District. (Negative Declaration) (APNs: 211-25-001 and 211-24-039) RK

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

· Special Development Permit to allow the demolition of existing buildings and construction of a new 57,571 square feet of retail, and

ACTION: Vice Chair Hungerford made a motion on Item #2004-0534 to adopt the Negative Declaration and recommend to City Council to deny the Rezone, the Special Development Permit and Tentative Map. Comm. Babcock seconded. Motion carried 5-0 with Comms. Fussell and Simons absent.

APPEAL OPTIONS: The item will be considered by City Council on 10/12/04.

3. 2004-0603 - Classic Communities [Applicant] Sato America, Inc. and Golden Gate Commercial Company [Owners]: Application for related proposals on six parcels totaling 7-acre site located at 543, 545 and 549 East Weddell Drive in an M-S/ITR/R-3/PD (Industrial and Service/Industrial to Residential/Medium Density Residential/Planned Development) Zoning District. (Mitigated Negative Declaration) (APNs: 110-14-178 through 181; 110-14-164 and 165) KDI

· Special Development Permit to allow demolition of existing buildings and to construct 131 town homes, and

· Tentative Map to subdivide six parcels into 131 town home lots and three common lots.

ACTION: Comm. Klein made a motion on Item #2004-0603 to adopt the Mitigated Negative Declaration with modifications – 1) to correct the heading of Attachment A & B reflecting the subject application and 2) to replace the proper street name for Condition of Approval 27g. Comm. Babcock seconded. Motion carried 5-0 with Comms. Fussell and Simons absent.

APPEAL OPTIONS: Item is appealable to the City Council no later than Tuesday, 10/12/04.

5. 2004-0650 – 430 Toyama LLC [Applicant] Double Eagle Properties, Inc. [Owner]: Application for related proposals on a 1.5-acre site located at 430 Toyama Drive in an M-S/ITR/R-3 (Industrial and Service/Industrial to Residential/ Medium Density Residential) Zoning District. (APN: 110-14-101) (Negative Declaration) KDI

· Special Development Permit to allow the demolition of two buildings and construction of 50 new town homes, and

· Tentative Map to allow the subdivision of two parcels into 50 lots and one common lot.

ACTION: Comm. Sulser made a motion on Item #2004-0650 to adopt the Negative Declaration and approve the Special Development Permit and Tentative subject to Conditions of Approval with modifications – 1) to delete Condition of Approval #9a; 2) to ensure that Condition of Approval #9b is adhered to prior to issuance of the building permit, and 3) to reconsider the removal of the street trees. Comm. Babcock seconded. Motion carried 5-0 with Comms. Fussell and Simons absent.

APPEAL OPTIONS: Appealable to City Council no later than Tuesday, 10/12/04.

Comm. Sulser reported that he attended the meeting of the Housing and Human Services Commission. He stated that they would like to have joint meeting with the Planning Commission regarding the Consolidated Plan tentatively planned for March 21, 2005. A letter will be provided the Commission soon. Ms. Ryan noted that she will be working with the staff liaison regarding the time and format of a joint meeting.

Ms. Ryan reported that on 9/21, the City Council considered a request from the San Jose Sabercats to amend a Condition of Approval requiring the installation of landscaping to soften the appearance of the practice tent. The lease was not renewed and the lease will terminate in 2005. City Council approved the removal of this condition.

Chair Moylan reminded the public that there are four days left for Jesus Christ Superstar play.