City of Sunnyvale

Meeting Minutes

Planning Commission

Monday, April 8, 2024

7:00 PM

Online and Bay Conference Room

(Room 145), City Hall,

456 W. Olive Ave.,

Sunnyvale, CA 94086

No Study Session | Public Hearing - 7:00 PM

NO STUDY SESSION

7 P.M. PLANNING COMMISSION MEETING

CALL TO ORDER

Chair Pyne called the meeting to order at 7:00 PM.

SALUTE TO THE FLAG

Chair Pyne led the salute to the flag.

ROLL CALL

Present: 7 -

Chair Martin Pyne

Vice Chair Nathan Iglesias

Commissioner Galen Kim Davis

Commissioner Daniel Howard

Commissioner John Howe

Commissioner Michael Serrone

Commissioner Neela Shukla

ORAL COMMUNICATIONS

Chair Pyne announced that board and commission recruitment is underway for

openings on the City’s various boards and commissions. He provided some details

on the application and interview process for these openings.

There were no public speakers for this agenda item.

CONSENT CALENDAR

There were no public speakers for this agenda item.

MOTION: Commissioner Howe moved and Commissioner Howard seconded the

motion to approve the Consent Calendar.

Commissioner Davis disclosed that he has been in continuous email communication

with the applicant for the proposed project described in Agenda Item 1.C.

The motion carried by the following vote:

Yes: 6 -

Vice Chair Iglesias

Commissioner Davis

Commissioner Howard

Commissioner Howe

Commissioner Serrone

Commissioner Shukla

No: 0

Abstained: 1 - Chair Pyne

Approve Planning Commission Meeting Minutes of March 25, 2024

1.A

24-0535

Approve Planning Commission Meeting Minutes of March 25, 2024 as submitted.

REQUEST FOR A CONTINUANCE TO APRIL 22, 2024

Proposed Project: Related applications on a 0.21-acre site:

1.B

24-0547

TENTATIVE PARCEL MAP to subdivide a 9,397 square foot lot

into two lots (Lot 1 - 5,128 square feet and Lot 2 - 4,269 square

feet);

USE PERMIT to allow lot area and lot widths less than the

minimum required; and

DESIGN REVIEW to demolish an existing one-story single-family

home and construct two new, two-story single-family homes

resulting in 2,587 square feet for Lot 1 (2,184 square foot living

area and 403 square foot garage); and 2,570 square feet for Lot

2 (2,166 square foot living area and 404 square foot garage),

resulting in 55% total floor area ratio (FAR).

Location: 258 West California Avenue (APN: 204-51-005)

File #: 2019-7552

Zoning: R-2

Applicant / Owner: George Novitskiy (applicant) / Hanson America

LLC (owner)

Environmental Review: A Class 3 Categorical Exemption relieves this

project from California Environmental Quality Act (CEQA) provisions

Project Planner: Cindy Hom, (408) 730-7411, chom@sunnyvale.ca.gov

RECOMMENDATION

Continue the Planning Commission hearing date to April 22, 2024.

REQUEST FOR A CONTINUANCE TO APRIL 22, 2024

1.C

24-0562

Proposed Project:

Related applications on three sites totaling 1.74

acres:

GENERAL PLAN AMENDMENT: Amend the General Plan land

use designation from Commercial to either Medium Density

(15-24 du/ac) or High Density (25-36 du/ac) Residential.

REZONE: Rezone from Neighborhood Business with a Planned

Development combining district (C-1/PD) to either Medium

Density Residential (R-3) or High Density Residential (R-4) with a

Mixed Use (MU) and Planned Development (PD) combining

district.

File #: 2022-7146

Location: 1313 South Wolfe Road (APNs 309-10-026 and 309-10-027)

and 898 East Fremont Avenue (APN 309-10-015)

Current Zoning: C-1/PD (Neighborhood Business with a Planned

Development combining district)

Applicant / Owner: 4Terra Investments (applicant)/Desmond Family

Real Estate Limited Partners (Owner)

Environmental Review: Mitigated Negative Declaration

Project Planner: Mary Jeyaprakash, (408) 730-7449,

mjeyaprakash@sunnyvale.ca.gov

RECOMMENDATION

Continue the Planning Commission hearing date to April 22, 2024.

PUBLIC HEARINGS/GENERAL BUSINESS

Proposed Project:

APPEAL of a decision by the Director of Community

24-0468

Development approving a DESIGN REVIEW to construct a

first-story addition of 462 square feet and a new 522 square feet

second-story addition to an existing one-story single-family home,

resulting in 2,920 square feet (2,452 square foot living area and

414 square foot garage) that utilizes a Green Building incentive

for a 47.9% floor area ratio (FAR).

Location: 1585 Mallard Way (APN: 309-31-071)

File #: PLNG-2023-0668

Zoning: R-0 (Low-Density Residential)

Appellant: Zhongwan Wang and Haohan Li; Bernita Lee; and Sona

Varty and Advait Mogre

Applicant/Owner: Azadeh Masrour / Suyash Jain

Environmental Review: Class 1 Categorical Exemption relieves this

project from the California Environmental Quality Act (CEQA) provisions.

Project Planner: Shila Bagley, (408) 730-7418,

sbagley@sunnyvale.ca.gov

Senior Planner Shila Bagley presented the staff report with a slide presentation.

At Commissioner Davis’ request, Planning Officer Shaunn Mendrin explained that

the Planning Commission has limited discretion to deny the proposed project since it

complies with the City’s zoning standards and design guidelines.

Chair Pyne asked whether the Planning Commission may grant the appeals if the

Commission determines that the proposed project does not meet zoning

requirements. Planning Officer Mendrin advised that in this event, the Planning

Commission should instead approve a continuance for the proposed project and

recommend changes to be incorporated in the proposed project.

Chair Pyne confirmed with Senior Planner Bagley that the Planning Commission’s

decision is final.

Chair Pyne confirmed that since the City tree referenced in the staff report is in the

public right of way, only the City may make the determination to remove it.

At Vice Chair Iglesias’ request, Senior Planner Bagley elaborated on the measures

for dust control that comply with construction best management practices. Vice

Chair Iglesias confirmed with Senior Planner Bagley that there are no additional

required measures for construction that is adjacent to hospitals or schools.

Commissioner Shukla confirmed with Senior Planner Bagley that the City provides

grants for home improvement assistance to eligible applicants. Planning Officer

Mendrin added that the developer and applicants of the proposed project may

choose to implement dust control measures that exceed what is required at their

own cost.

Commissioner Serrone asked whether there is a way to quantify the number of days

that dust would be generated by the proposed project. Senior Planner Bagley

advised that the contractor of the proposed project may provide a response.

Commissioner Howard commented that incentives are offered for certain home

improvements.

Chair Pyne opened the Public Hearing.

Zhongwan Wang and Haohan Li, appellants, presented additional images and

information to support their case.

Commissioner Davis confirmed that the appellants were unaware of the updated

solar analysis conducted for the proposed project.

At Commissioner Davis’ request, the appellant further explained how the proposed

project’s additional windows would infringe on their privacy.

At Vice Chair Iglesias’ request, the appellants elaborated on their concerns

regarding the initial solar analysis because it did not include the rear portion of their

house. Planning Officer Mendrin provided an overview of the solar analysis and

stated that results of the updated analysis indicate that the percentage of the

appellants’ roof shaded by the proposed project falls under the percentage of

maximum shading allowed by the Sunnyvale Municipal Code (SMC).

Commissioner Serrone confirmed that the appellants are not in support of the

proposed project’s additional first-floor windows that face their property.

Commissioner Howard offered his interpretation of the appellants’ shaded roof

depicted in their presentation.

Commissioner Shukla confirmed that the appellants’ property currently includes a

first-floor window that faces the proposed project’s three first-floor windows.

At Chair Pyne’s request, the appellants described the methods they used to conduct

their own solar analysis.

Bernita Lee, appellant, was not in attendance.

Sona Varty and Advait Mogre, appellants, presented additional information to

support their case.

Commissioner Davis confirmed that while the appellants are aware of existing City

policies regarding dust mitigation, acceptable construction hours, and noise

mitigation, they are concerned about the possibility that these policies will not be

abided by.

Commissioner Davis noted that the appellants’ property is closer in proximity to

Wolfe Road than it is to the applicants’ property. He added that Wolfe Road

generates a lot of noise and dust due to ongoing construction and traffic. The

appellants clarified their greater concern about the impacts of the proposed project

rather than aspects of Wolfe Road.

Commissioner Serrone confirmed that the appellants currently use HEPA filters

throughout their home. The appellants emphasized the importance of utilizing proper

dust and mold mitigation measures throughout the demolition and construction

phases of the proposed project.

Commissioner Shukla provided information about the City of Palo Alto’s ordinance

regarding demolition and questioned whether the applicants would consider

implementing greater dust mitigation measures, albeit at a higher cost.

Vice Chair Iglesias confirmed that the appellants are requesting the implementation

of proper dust and noise mitigation measures if the applicants are unable to

reconsider the proposed project’s design to make it one story instead of two.

At Vice Chair Iglesias’ request, Planning Officer Mendrin clarified that it is the

responsibility of the applicant and contractor to follow best management practices

for controlling construction dust and noise. Planning Officer Mendrin also clarified

that the City’s building inspectors may inspect the construction site to check that the

contractor is implementing best management practices for dust control and utilize

methods for measuring noise produced by the construction of the proposed project.

Commissioner Howe confirmed with Principal Planner Julia Klein that the updated

solar analysis is accurate.

Suyash Jain and Ramya Sarangarajan, applicants, presented additional images and

information on the proposed project.

Commissioner Davis confirmed with the applicants the height of the fence they

share with the appellants at 1579 Mallard Way.

Commissioner Howard thanked the applicants for providing an explanation of the

updated solar analysis conducted for the proposed project.

Commissioner Serrone confirmed with the applicants that the proposed project will

generate dust for approximately one month. It is during this time that the demolition

phase will take place. Azadeh Masrour, designer and architect for the proposed

project, provided additional information.

Vice Chair Iglesias noted the importance of considering concerns raised by

neighbors regarding the proposed project.

Chair Pyne stated that the Planning Commission received letters both in support of

and in opposition to the proposed project.

Commissioner Shukla confirmed with Azadeh Masrour that best management

practices will be utilized to mitigate dust generated by the proposed project. Mr.

Masrour added that practices beyond these may not be cost effective.

At Commissioner Howard’s request, the applicants explained how the mold present

in their home will be addressed when construction is underway.

Commissioner Howe asked clarifying questions and confirmed the maximum

allowable residential fence height of eight feet (6-foot solid, 2-foot lattice) with

Senior Planner Bagley. He also confirmed the applicants’ willingness to install a

lattice on the fence they share with the appellants at 1579 Mallard Way to help

address privacy concerns.

Sam Sudarsanam, Sunnyvale resident, spoke in support of the proposed project

and explained why.

Chetan Ramesh, Sunnyvale resident, spoke in support of the proposed project and

explained why.

Suyash Jain and Ramya Sarangarajan, applicants, presented additional information

about the proposed project.

Sona Varty and Advait Mogre presented additional information to support their case.

Bernita Lee was not in attendance.

Zhongwan Wang and Haohan Li presented additional information to support their

case.

Chair Pyne closed the Public Hearing.

Commissioner Serrone and Planning Officer Mendrin discussed the method that will

be used to determine the amount of dust generated for the proposed project.

Commissioner Howard confirmed with Principal Planner Klein that the proposed

project must comply with the state’s regulations for mold remediation. Principal

Planner Klein added that these regulations will be enforced by the City’s Building

division.

Vice Chair Iglesias confirmed with Principal Planner Klein that a thorough review

was conducted to ensure that the updated solar analysis is accurate. Principal

Planner Klein added that the updated shadow study includes a before and after

analysis that shows the proposed second story would not cast a shadow on the roof

of the property at 1579 Mallard Way at the times shown in the study.

Commissioner Shukla confirmed with Principal Planner Klein that a second-story

accessory dwelling unit (ADU) with the same design and massing as the proposed

second-story addition would be exempt from the design review process and that

there would be no public review and no option for appeal.

Commissioner Davis confirmed with Senior Planner Bagley that the City has a study

issue process whereby residents may propose the establishment of a residential

single-story combining district to restrict the addition of two-story residential

developments within their neighborhood.

Commissioner Serrone confirmed with Principal Planner Klein that the updated solar

analysis includes a before and after analysis. The before analysis shows that the

existing single-family home casts a two percent (2%) shadow on the roof of the

property at 1579 Mallard Way and the after analysis shows the proposed

second-story addition would not cast a shadow on the roof of 1579 Mallard Way at

the times shown in the study.

MOTION: Commissioner Howe moved and Vice Chair Iglesias seconded the motion

to recommend Alternative 1 – Deny the appeals and uphold the decision of the

Director of Community Development to approve the Design Review Permit for the

proposed addition to the existing single-family home based on the Recommended

Findings for Approval in Attachment 3 and subject to the Conditions of Approval in

Attachment 4. This motion included a strong recommendation that the applicants

collaborate with their neighbors at 1579 Mallard Way to add a lattice on their shared

fence to raise its height.

Commissioner Howe stated that the proposed project must be approved since it

meets all SMC requirements and design review objectives.

Vice Chair Iglesias noted that there is no basis to deny the proposed project and he

stressed the importance of preserving the rights of all individuals who come before

the Planning Commission.

Commissioner Howard shared his conclusion that the proposed project meets all the

requirements for approval and that any objections that have been raised are

addressed by the City’s construction standards and best management practices. He

then voiced his support of the motion.

Commissioner Serrone stated his support of the motion since the proposed project

meets all of the City’s requirements and there is no basis to support the appeals.

Commissioner Davis spoke in support of the motion, explained why, and stated that

there is no legal basis to grant the appeals.

Commissioner Shukla thanked the appellants for sharing their concerns with the

Planning Commission and confirmed her support of the motion.

Chair Pyne stated that he is supportive of motion, can make the findings to support

the proposed project, and cannot find any reason to grant the appeals. He added

that he is confident in staff’s analysis of the updated solar analysis as well as the

policies in place to mitigate dust, noise, and mold. Lastly, he explained the study

issue process to make existing policies more stringent.

The motion carried by the following vote:

Yes: 7 -

Chair Pyne

Vice Chair Iglesias

Commissioner Davis

Commissioner Howard

Commissioner Howe

Commissioner Serrone

Commissioner Shukla

No: 0

This decision is final.

STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES

None.

NON-AGENDA ITEMS AND COMMENTS

-Commissioner Comments

Commissioner Howard noted that there are currently no Irish pubs on Murphy

Avenue until Fibbar Magee's reopens in May 2024.

Commissioner Davis encouraged anyone interested to apply for vacant Boards and

Commissions positions. Chair Pyne added that two of these positions are on the