City of Sunnyvale  
Meeting Minutes  
Planning Commission  
Monday, November 14, 2022  
7:00 PM  
Telepresence Meeting: City Web Stream |  
Comcast Channel 15 | AT&T Channel 99  
Special Meeting: Study Session - Canceled | Public Hearing - 7:00 PM  
STUDY SESSION CANCELED  
7 P.M. PLANNING COMMISSION MEETING  
CALL TO ORDER  
Pursuant to Government Code Subdivision 54953(e), the meeting was conducted  
telephonically; pursuant to state law, the City Council made the necessary findings  
by adopting Resolution No. 1089-21, reaffirmed on November 1, 2022.  
Chair Pyne called the meeting to order at 7:00 PM.  
ROLL CALL  
Present: 7 -  
Chair Martin Pyne  
Vice Chair Nathan Iglesias  
Commissioner Daniel Howard  
Commissioner John Howe  
Commissioner Michael Serrone  
Commissioner Neela Shukla  
Commissioner Carol Weiss  
ORAL COMMUNICATIONS  
None.  
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.  
Planning Officer Shaunn Mendrin provided a brief explanation on the 2023 Planning  
Commission Annual Work Plan.  
The motion carried by the following vote:  
Yes: 7 -  
Chair Pyne  
Vice Chair Iglesias  
Commissioner Howard  
Commissioner Howe  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 0  
Approve Planning Commission Meeting Minutes of October 24, 2022  
1.A  
22-1049  
Approve Planning Commission Meeting Minutes of October 24, 2022 as submitted.  
Approve the 2023 Planning Commission Annual Work Plan  
1.B  
22-1048  
Approve the 2023 Planning Commission Annual Work Plan as submitted.  
PUBLIC HEARINGS/GENERAL BUSINESS  
REQUEST FOR CONTINUANCE TO A DATE UNCERTAIN  
Proposed Project: Adopt a Resolution for a:  
2.  
22-1104  
SPECIFIC PLAN AMENDMENT to modify Block 20 of the Downtown  
Specific Plan to allow additional residential units and office square  
footage, and associated modifications to design guidelines and  
development standards; and  
GENERAL PLAN AMENDMENT to reflect increases in Projected  
Build-out in the Land Use and Transportation Element (LUTE).  
Location: 510 and 528 S. Mathilda Avenue (APNs:209-29-060 and  
061), and 562 and 568 S. Mathilda Avenue (APNs:209-29-057 and 067)  
File #: 2018-7585  
Zoning: DSP (Block 20)  
Applicant / Owner: Shawn Karimi, Karimi Shahriar Trustee, (applicant  
and owner 510 and 528 S. Mathilda Avenue, and Shawn Taheri, Sam  
Cloud Barn LLC (applicant and owner 562 and 568 S. Mathilda Avenue)  
Environmental Review: Addendum to the Downtown Specific Plan  
Amendments Final Environmental Impact Report for the Block 20 Area  
Project.  
Project Planner: Margaret Netto, (408) 730-1221,  
mnetto@sunnyvale.ca.gov  
Planning Officer Mendrin stated that staff requests the continuance of this agenda  
item to the Planning Commission meeting of December 12, 2022.  
Commissioner Howe confirmed with Planning Officer Mendrin that the City Council  
is not working on a Development Agreement as part of the proposed project.  
Chair Pyne opened the Public Hearing.  
Weng Tam, field representative for Carpenters Local 405, requested that the  
developer for the proposed project uphold labor standards for prevailing wages,  
healthcare for construction workers and their families, and the like. He also stressed  
the importance of developers hiring locally to reduce traffic and greenhouse gas  
emissions.  
Chair Pyne closed the Public Hearing.  
MOTION: Commissioner Howe moved and Vice Chair Iglesias seconded the motion  
to continue the discussion on Public Hearing Agenda Item 2 to a date specific on  
Monday, December 12, 2022.  
The motion carried by the following vote:  
Yes: 7 -  
Chair Pyne  
Vice Chair Iglesias  
Commissioner Howard  
Commissioner Howe  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 0  
Proposed Project:  
3.  
22-1031  
DESIGN REVIEW: Construct a new two-story single-family home  
resulting in 2,528 square feet gross floor area (2,109 square feet  
living area and 419 square feet garage) and 45.4% Floor Area  
Ratio (FAR). The project also includes a new 790 square foot  
attached Accessory Dwelling Unit (ADU).  
Location: 691 Toyon Avenue (APN: 213-10-038)  
File #: 2022-7198  
Zoning: R-0  
Applicant / Owner: Michelle Miner Design (applicant) / Ankush and  
Vibha Gupta (owners)  
Environmental Review: A Class 3 Categorical Exemption relieves this  
project from CEQA provisions.  
Project Planner: Aastha Vashist, (408) 730-7458,  
avashist@sunnyvale.ca.gov  
Senior Planner Aastha Vashist presented the staff report with a slide presentation.  
Commissioner Weiss confirmed with Senior Planner Vashist that, although not  
depicted on the proposed project’s plans, the proposed project’s Accessory  
Dwelling Unit (ADU) will be required to have a separate entrance.  
Commissioner Weiss questioned the square footage of the proposed project’s ADU  
and Senior Planner Vashist responded that any square footage in excess of 800  
square feet will be counted toward the floor area and floor area ratio of the  
proposed project. She added that additional clarification may be provided by the  
proposed project’s applicant team.  
At Commissioner Weiss’ request, Senior Planner Vashist explained the way in which  
the proposed project may meet a second-to-first floor ratio maximum of 35 percent.  
Vice Chair Iglesias confirmed with Principal Planner George Schroeder that the  
proposed project is subject to the Housing Accountability Act. As such, the proposed  
project may only be evaluated upon objective criteria. Planning Officer Mendrin also  
noted that some existing guidelines pertaining to single-family homes are objective  
and may be applied. One such objective pertains to the maximum of 35 percent for  
the second-to-first floor ratio.  
Vice Chair Iglesias discussed with Senior Planner Vashist what is meant by the term  
“neighborhood” as it is defined by the City’s Single Family Home Design  
Techniques and as it applies to the proposed project’s neighborhood.  
Chair Pyne received clarification from Senior Planner Vashist regarding a proposed  
project at 635 Toyon Avenue that was denied by the Planning Commission in 2017.  
Chair Pyne opened the Public Hearing.  
Michelle Miner, principal architect for the proposed project, presented the project  
including additional information.  
Commissioner Weiss confirmed with Ms. Miner that the proposed project’s  
appliances, including its tankless water heater, will all be electric rather than gas.  
Vice Chair Iglesias received clarification from Ms. Miner on the solar shading  
analysis conducted for the proposed project.  
Commissioner Howard confirmed with Ms. Miner that the applicant team is  
requesting that the conditions of approval PS-1a and PS-1b in Attachment 4 be  
waived. She added that the proposed project’s bathroom windows will be obscured  
to prevent privacy concerns from being raised.  
At Chair Pyne’s request, Ms. Miner explained the reasoning behind the proposed  
project’s inclusion of varying roof pitches.  
Chair Pyne revealed that he emailed City staff earlier in the morning to request the  
second-to-first floor ratios of the neighboring Corn Palace and Toll Brothers  
developments.  
A resident of 687 Toyon Avenue expressed his concerns regarding the proposed  
project’s setbacks and the visual mass of its second floor.  
Ms. Miner and Ankush Gupta, property owner, presented additional information  
about the proposed project.  
Commissioner Shukla questioned whether various designs were considered to  
minimize the visual bulk of the proposed project’s second floor. Ms. Miner  
responded that many iterations of the proposed project’s design were considered,  
but the current design best meets both the property owners’ needs and City  
guidelines.  
Chair Pyne closed the Public Hearing.  
Commissioner Howard shared his thoughts regarding the objective criteria that the  
proposed project is subject to.  
MOTION: Commissioner Howe moved to approve Alternative 1 – Approve the  
Design Review with the Conditions of Approval in Attachment 4. He also proposed  
maintaining a five-foot setback for the existing garage and mandated that the  
windows that the applicant agreed to obscure would be made opaque.  
The motion failed for lack of a second.  
Chair Pyne expressed his concerns with discerning how the term “neighborhood”  
may be applied to the proposed project according to both objective standards and  
the guidelines outlined by the Single Family Home Design Techniques.  
Commissioner Shukla shared Chair Pyne’s concerns. At Commissioner Shukla’s  
request, Principal Planner Schroeder provided additional information on the term  
“neighborhood” and where it is defined in the Single Family Home Design  
Techniques document.  
Vice Chair Iglesias voiced his concerns that some individuals who received notice of  
the proposed project are not considered to be within the proposed project’s  
neighborhood according to the Single Family Home Design Techniques definition of  
the term “neighborhood.”  
Commissioner Howard stated that, in light of the Single Family Home Design  
Techniques guidelines, condition of approval PS-1a in Attachment 4 should not  
apply to the proposed project.  
Commissioner Serrone shared his concerns regarding the definition of the term  
“neighborhood” and the objective standard pertaining to the maximum  
second-to-first floor ratio.  
Chair Pyne confirmed with Senior Planner Vashist that the setback requirements are  
the same for both R-0 developments and PD developments.  
MOTION: Commissioner Howard moved and Chair Pyne seconded the motion to  
approve Alternative 2 – Approve the Design Review with modified conditions.  
The modified conditions are stated below:  
1.) Remove Recommended Condition of Approval PS-1a regarding the reduction of  
the second-to-first floor ratio maximum to 35 percent.  
2.) Remove Recommended Condition of Approval PS-1b regarding the minimum sill  
height of the second floor windows on the north side yard.  
3.) Recommended Condition of Approval PS-1a must be added and should read as  
follows: “Second floor windows on the north side yard shall be opaque.”  
4.) Recommended Condition of Approval PS-1b must be added and should read as  
follows: “Maintain a minimum five-foot side yard setback from the existing garage  
wall to the north side property line. [COA] [PLANNING]”  
Commissioner Howard stated that while he is unable to make the findings that the  
neighborhood context of the proposed project is predominantly single-story, he does  
believe that the 53 percent second-to-first floor ratio proposed by the applicant for  
the proposed project matches the second-to-first floor ratio of the adjacent Toll  
Brothers developments.  
At Principal Planner Schroeder’s request, Commissioner Howe and Mr. Gupta  
elaborated upon the setbacks requested for the proposed project’s garage.  
Commissioner Serrone confirmed with Planning Officer Mendrin that the removal of  
the required maximum for the second-to-first floor ratio would mean that the  
applicant would be limited to the 53 percent second-to-first floor ratio maximum that  
was requested.  
Chair Pyne expressed his broad agreement with Commissioner Howard regarding  
the proposed project’s neighborhood context and applicable second-to-first floor  
ratio maximums when considering these from an objective standpoint.  
The motion carried by the following vote:  
Yes: 6 -  
Chair Pyne  
Vice Chair Iglesias  
Commissioner Howard  
Commissioner Serrone  
Commissioner Shukla  
Commissioner Weiss  
No: 1 - Commissioner Howe  
This decision is final unless appealed or called up for review by the City Council by  
5:00 PM on Tuesday, November 29, 2022.  
STANDING ITEM: CONSIDERATION OF POTENTIAL STUDY ISSUES  
None.  
NON-AGENDA ITEMS AND COMMENTS  
-Commissioner Comments  
Commissioner Howard asked whether there will be an option for members of the  
public to attend Planning Commission meetings in-person and virtually beginning in  
December 2022 just as they will for City Council meetings at that time. Planning  
Officer Mendrin responded that there is currently no set date for this hybrid option to  
apply to Planning Commission meetings.  
-Staff Comments  
Planning Officer Mendrin announced that on November 28, 2022, the Planning  
Commission will consider the adoption of an urgency interim ordinance amending  
Titles 16 and 19 of the Sunnyvale Municipal Code. At the same meeting, the  
Planning Commission will consider the expansion or modifications for existing legal  
non-confirming single-family uses in non-residential zoning districts. Both of these  
items will be heard at the City Council meeting of December 13, 2022 as well.  
Planning Officer Mendrin reminded the Planning Commissioners of a Tree Removal  
Permit that they considered at the January 24, 2022 Planning Commission meeting.  
He confirmed that the subject tree was saved and that the plumbing for the affected  
condominium development was addressed.  
Chair Pyne asked whether the Housing Element would be reviewed at a December  
2022 City Council meeting, and Planning Officer Mendrin stated that the California  
Department of Housing and Community Development’s (HCD) comments on the  
Draft Housing Element are still being reviewed.  
ADJOURNMENT  
Chair Pyne adjourned the meeting at 8:30 PM.